Filing an UM claim typically does not raise your rates in Texas, but the outcome depends on your insurer and policy details
An uninsured motorist (UM) claim is treated differently from a collision or liability claim under Texas law. Because the other driver was at fault and uninsured—not you—most insurers do not penalize you with a rate increase for filing. However, "most" is not "all." Some insurers do raise rates after UM claims, and a few have specific thresholds before they will not increase your premium. The safest approach is to contact your insurer directly and ask whether filing will affect your rate before you decide.
Texas does not prohibit insurers from raising rates after UM claims the way some states do. This means each company sets its own policy. The Texas Department of Insurance does not regulate rate increases for UM claims specifically, so you are dealing with your individual insurer's underwriting rules, not a statewide standard.
Key Takeaways
- Most Texas insurers do not raise your rate for a UM claim because the accident was not your fault, but some do, so you should ask your insurer before filing.
- A UM claim is separate from a liability claim and is paid by your own policy, not the other driver's, which is why the rate impact is usually lighter.
- If your insurer says a UM claim will raise your rate, you can shop other companies—some will not penalize you at all for an uninsured accident.
- Your rate may still go up if the accident was partly your fault or if you have multiple claims in a short period, regardless of whether the other driver was insured.
Why UM claims are treated differently from at-fault accidents
When you file a UM claim, you are claiming against your own policy, not the other driver's. Your insurer pays your damages directly because the other driver has no insurance to pay them. This is fundamentally different from an at-fault collision claim, where you are asking your insurer to cover damage you caused to someone else's property or body.
Because a UM claim does not involve you being at fault, insurers have less reason to view you as a higher risk. You were hit by someone else's negligence. From an underwriting standpoint, that is not a reflection of your driving behavior. Many insurers recognize this distinction and do not raise rates for UM claims at all.
That said, some insurers treat any claim—regardless of fault—as a sign that you are in a higher-risk category. They may reason that you are in more accidents overall, even if you are not at fault for them. This is where insurer policy varies widely.
What Texas law does and does not require
Texas requires insurers to offer UM coverage, but it does not require them to keep your rate the same after you file a UM claim. The state also does not mandate that insurers offer UM coverage at a specific price or that they treat UM claims more favorably than other claims. This is left to each company.
Texas does require insurers to file their rate schedules with the Department of Insurance and to justify any rate increases. However, the justification can include factors like "number of claims" without specifying whether those claims were at-fault or not. An insurer can legally raise your rate after a UM claim as long as they disclose their rating rules.
The practical result is that your protection against rate increases comes from shopping around, not from state law. If one insurer penalizes you for a UM claim, another may not.
How to find out your insurer's specific policy before filing
Call your insurance agent or the insurer's customer service line and ask directly: "If I file an uninsured motorist claim, will my rate increase?" Write down the name of the person you speak with and the date. Ask them to note your question in your file. This creates a record if there is a dispute later.
Some insurers will tell you outright that UM claims do not affect rates. Others will say they cannot tell you until after the claim is filed and reviewed. If your insurer will not commit either way, ask what factors they consider when deciding whether to raise rates after a UM claim—for example, do they look at fault information, the number of prior claims, or the claim amount?
If your insurer says a UM claim will raise your rate, ask whether you can decline to file and instead pursue the uninsured driver directly through small claims court or a civil lawsuit. This is an option if your damages are modest and you want to avoid a rate increase, though it puts the burden of collection on you.
What happens if your insurer raises your rate anyway
If you file a UM claim and your rate increases at renewal, you have options. First, request a copy of your insurer's rating explanation. They are required to provide this under Texas law. Review it to see whether they cited the UM claim specifically or other factors like your driving record or claims history.
If the rate increase seems unjustified or if you believe the insurer violated its own rules, you can file a complaint with the Texas Department of Insurance. You can do this online at the department's website or by phone. The department will investigate whether the insurer followed its filed rate schedules.
The most practical step is usually to shop other insurers. Get quotes from at least three companies and compare rates. You may find that another insurer will cover you at a lower rate despite the UM claim, or will not raise your rate at all. Switching insurers is legal and common after a claim you believe was unfairly penalized.
Factors that can still raise your rate even with a UM claim
Even though the UM claim itself may not trigger a rate increase, other aspects of the accident might. If the accident was partly your fault—for example, you were speeding or failed to yield—your insurer may classify it as a shared-fault accident. In that case, a rate increase is more likely, regardless of whether the other driver was insured.
If you have filed multiple claims in the past three years, a new UM claim may push you into a higher-risk category. Some insurers have thresholds: one claim in three years might not raise your rate, but two claims will. A UM claim counts toward that total for some companies.
The amount of the claim also matters to some insurers. A small UM claim for minor damage may not trigger a review, while a large claim for serious injuries might. This varies by company and is not transparent in most rate schedules.
How long a UM claim stays on your record
Most insurers look back three to five years when calculating your rate. A UM claim filed today will typically affect your rate for three years, sometimes longer. After that period, it usually stops being a factor in rate calculations, though it may remain in your claims history.
When you shop for insurance after a UM claim, new insurers will see the claim in your record. Some will not penalize you for it; others will factor it into their quote. This is another reason to get quotes from multiple companies—different insurers weight past claims differently.
Frequently Asked Questions
Can I file a UM claim without telling my current insurer?
No. You must report the accident to your insurer to file a UM claim. The claim is paid by your own policy, so your insurer must be involved from the start. However, you can ask about the rate impact before you file, as described above.
What if the other driver is found to be partly at fault and I am partly at fault?
If both drivers share fault, you may file a UM claim for the other driver's uninsured status, but your insurer will explore comparative fault rules. Your recovery will be reduced by your percentage of fault. A rate increase is more likely in this scenario because the accident involved your own driving error.
Does a UM claim show up on my driving record?
No. A UM claim is an insurance claim, not a traffic violation or at-fault accident. It does not appear on your driving record with the Texas Department of Public Safety. It appears only in your insurance claims history, which insurers see when you shop for coverage.
If I switch insurers after a UM claim, will the new insurer know about it?
Yes. All insurers have access to the Comprehensive Loss Underwriting Exchange (CLUE) database, which records claims history. When you explore for insurance, the new company will see your UM claim. However, many insurers do not penalize UM claims, so a rate increase is not may provide.
What if I have a UM claim and an at-fault claim in the same year?
A rate increase is very likely. Most insurers view multiple claims in a short period as a sign of higher risk, regardless of fault. You should expect your rate to go up at renewal and should shop for quotes from other companies.