Report the accident to the police. File a claim with the other driver's insurance.At the accident scene, take a picture of the other driver's insurance card and driver's license. Struggling with underinsured motorist claims in Texas? Complete the SR106 form. Texas law allows individuals to pursue a damages lawsuit in certain situations, even if they don't have active insurance coverage at the time of the accident. For an atfault driver who is underinsured, you must first file a claim against their liability insurance. If you're in an accident with an uninsured driver, be sure to get all of his or her contact information. It's illegal to drive without insurance in Texas. When you file a car accident claim in Texas, you will typically do so through the atfault driver's insurance company.