Can You Sue a Drunk Driver Who Has No Insurance?

A drunk, uninsured driver can turn your life upside down in one night, leaving you with pain, bills, and an undrivable car.

At Galvan Law Group, we understand that weight. Founder Sabrina Galvan built the firm in 2024 after working in insurance defense and representing injured Texans in car and truck wrecks. She brings both perspectives to every case.

This article explains your options for recovering compensation, including lawsuits against the driver, claims under your own policy, potential dram shop claims, and important deadlines in the State of Texas.

Our goal is to help you develop a clear plan after experiencing the traumatic event of being injured by a drunk, uninsured driver.

The Reality of Suing an Uninsured Drunk Driver

You can sue an at-fault driver in Texas even if they carry no insurance. The lawsuit aims to prove fault, demonstrate your injuries, and secure a money judgment in court. That judgment compensates you for your losses and holds the driver accountable.

Getting a judgment is one step, but collecting on it can be a challenge. An uninsured driver often lacks assets, which can make collection a slow and difficult process. Still, judgments can be enforced over time, and they can open doors to liens and other tools for collection.

If you choose to file suit, the basic path often looks like this:

1. File the petition in the proper Texas court and serve the driver.
2. Gather evidence through discovery, such as crash reports, body cam video, medical records, witness statements, and depositions.
3. Prove fault and damages at trial, or reach a settlement that fairly compensates you for your damages.

Collection can include post-judgment discovery, liens on non-homestead property, and turnover orders. Texas law shields some assets, like a homestead and certain personal property, which can limit recovery against an uninsured person.

A lawyer who understands these rules can spot openings that are not obvious at first glance.

We also run asset checks. This can include public records on real estate, business interests, and bank accounts through proper court channels. If the driver owns collectible property or later gains assets, the judgment can still matter.

Important Texas State Laws Impacting Your Case

Texas law shapes your options from day one. Three areas come up again and again after a drunk driving crash. Knowing these rules helps set reasonable expectations.

Texas Minimum Auto Insurance Requirements

Texas requires at least 30,000 dollars for bodily injury per person, 60,000 dollars per accident, and 25,000 dollars for property damage.

Driving without this coverage is a violation of the law and puts others at risk. Police and courts can impose fines, license suspension, and other penalties tied to the offense.

Those penalties do not pay your medical bills. However, they can help document the other driver’s conduct. Arrest records, citations, and test results can support your civil injury claim.

Proportionate Responsibility System

Texas uses a proportionate responsibility system for shared fault. You can recover money as long as you are not more than 50 percent at fault for an accident. Your award is reduced by your percentage of fault, if any.

In drunk driving cases, the impaired driver’s conduct often weighs heavily. Still, disputes can arise over speed, signal use, or sudden lane changes. Careful crash reconstruction can be a useful tool in proving fault by a drunk driver.

The Two-Year Statute of Limitations

Texas law generally gives you two years from the crash date to file a personal injury lawsuit. If you don’t file your lawsuit within that deadline, your claim can be thrown out. The clock runs fast, so act quickly and lock down evidence early.

Video footage, skid marks, and witness memories fade with time. Prompt action helps your case and lowers the risk of missing key evidence. A quick start also sets a better tone with insurers and the court.

Alternative Avenues for Financial Compensation

Uninsured drivers rarely pay out of pocket. That is why we look for every other source of coverage or liability that can help fill the gap. Two common paths are your own auto policy and a dram shop claim against an alcohol provider.

Exploring All Sources of Recovery

If the at-fault driver is uninsured, we shift the focus to your own auto insurance and any potentially responsible third parties.

Your auto policy can carry real value when being involved in an accident with an uninsured drunk driver. Additionally, an alcohol provider can share legal fault if they overserved the at-fault drunk driver. We map each route and often pursue more than one source of recovery at the same time.

Uninsured and Underinsured Motorist (UM/UIM) Coverage

UM and UIM coverage on your Texas auto policy can pay the damages if the drunk driver was uninsured and at-fault for the accident. This coverage can help with medical bills, lost income, and car damage up to your policy limits.

It also applies if the driver flees the scene in a hit-and-run, so long as stated policy terms fit the facts of the accident.

A UM or UIM claim still requires evidence of the at-fault driver’s actions and documentation of your injuries. Insurers may dispute the value of pain, lost time at work, or future care costs. However, we work to prove your damages with medical records, photographs of your accident and injuries, and any other supporting documentation available to us.

To strengthen a UM or UIM claim, gather these items early:

• Certified crash report, photos of damage, and any video from dash cams or businesses nearby.
• Medical records, billing ledgers, and physician notes on future treatment needs.
• Pay records showing missed work. 

A fast start in gathering key evidence can strengthen your claim. We also track subrogation and coordinate benefits to protect your net recovery. Solid documentation makes the difference.

Personal Injury Protection (PIP)

Texas PIP is no-fault coverage that pays for reasonable medical costs and some lost wages, up to the limits you purchased. You can use PIP even if fault is still under investigation. PIP often helps bridge the gap while liability claims play out.

We help you file the forms and submit proper medical codes. Clean submissions reduce denials or delays. PIP funds can keep treatment on track when cash is tight.

Compensation Sources at a Glance

Source	What It Covers	Who Pays	Notes
UM/UIM	Medical bills, lost wages, pain and suffering, vehicle damage	Your auto insurer	Triggered when the at-fault driver is uninsured or underinsured
PIP	Medical costs and limited wage loss, no fault needed	Your auto insurer	Pays quickly within purchased limits, usually 2,500 to 10,000 dollars
At-fault driver	All legally proven damages	Individual driver	Collection depends on non-exempt assets and income
Dram shop claim	All legally proven damages	Bar, restaurant, or retailer	Requires proof of over-service to a visibly intoxicated patron

This snapshot shows how different sources can work together. One claim does not block another. Going after different sources can increase your total recovery.

Texas Dram Shop Liability

Texas law allows claims against bars, restaurants, or retailers that serve alcohol to a person who is obviously intoxicated and a clear danger when that service leads to a wreck.

You must show the provider’s service was a cause of the crash. Evidence can come from receipts, video, witness accounts, and toxicology records.

Winning a dram shop case requires strong evidence. The signs of visible intoxication include slurred speech, stumbling, glassy eyes, or aggressive behavior. Staff training records and prior incident reports can also help.

Useful items for a dram shop investigation include:

• Time-stamped tabs and surveillance from the bar or store.
• Server statements on what they observed and how much was poured.
• BAC results, field sobriety records, and body cam footage from the arrest.

We move fast to preserve digital video before it is overwritten. A strong dram shop claim can be an additional source of recovery. That extra layer often matters in cases involving severe injuries.

Types of Damages Available in a Drunk Driving Claim

Compensation aims to put you back on your feet. Texas law recognizes both financial losses and human losses. Your case can include both categories.

Economic and Non-Economic Losses

Common economic damages include:

• Hospital and surgery bills, medication, and follow-up appointments.
• Physical therapy, chiropractic care, and long-term rehabilitation.
• Lost income, reduced earning capacity, and vehicle repair or replacement.

Non-economic damages cover subjective losses. This includes physical pain, emotional distress, sleep problems, and a reduction in quality of life. Family strain and loss of enjoyment of daily activities are also considered non-economic damages.

Pursuing Punitive Damages

Courts in Texas often consider punitive damages when conduct crosses into gross negligence, such as driving with a very high BAC or ignoring prior DWI orders.

This category is meant to punish and to discourage similar choices by others. The facts have to support punitive damages, and we build that record carefully.

Jury verdicts depend on clear proof of reckless conduct. That can include video of dangerous driving, eyewitness accounts, and toxicology. Where it fits, the request for punitive damages adds real pressure on the defense.

How Sabrina Galvan Defends Your Rights Against Insurance Companies

Before launching Galvan Law Group in 2024, Sabrina worked inside insurance defense firms.

She learned how adjusters value claims, what they push back on, and where they leave gaps. That background helps us spot issues early and develop a plan to combat these issues,

We use that insider view to build strong cases. We prepare cases as if trial is coming, which improves settlement negotiations. When insurers send low offers or try to deny valid claims, we combat with evidence and tough negotiation discussions.

Sabrina grew up in Round Rock, Texas, and studied at Texas State University. She then earned her law degree from Texas A&M University School of Law in 2017.

She is licensed across Texas courts and in the United States District Court for the Northern and Eastern Districts of Texas. Her work has been recognized on the Texas Super Lawyers Rising Star list from 2021 through 2026.

Contact Galvan Law Group to Discuss Your Drunk Driving Accident Case

A crash caused by an uninsured drunk driver can leave you facing high medical bills, lost income, and uncertainty about where compensation will come from.

At Galvan Law Group, Sabrina Galvan uses her insurance defense background to uncover every available path, from UM/UIM and PIP claims to lawsuits and possible dram shop liability.

If you were injured anywhere in Texas, act before evidence disappears or deadlines pass. Call 214-556-6957 or visit our contact page to discuss your options and build a clear plan forward.