A motorcycle hit me (in my car, on foot or on a bike). Who pays in Texas?

Who pays when a motorcycle hits you?

The same person who would pay if a car hit you: the one who caused the crash, through their liability insurance. Texas law says no one may operate a motor vehicle without financial responsibility (Transportation Code § 601.051), and a motor vehicle is any self-propelled vehicle designed for use on a highway (§ 601.002). Motorcycles are not on the list of exceptions. The Texas Department of Insurance confirms the minimum for a motorcycle is the same as for a car: $30,000 for each injured person, $60,000 per crash and $25,000 for property damage (§ 601.072).

If the rider was not the owner, the owner's policy generally covers anyone riding the bike with the owner's express or implied permission (§ 601.076). And a rider involved in a crash has to show proof of insurance to the people involved when asked (§ 601.053).

This page is for people who were in a car, walking or on a bicycle when a motorcycle hit them. If you were the one on the motorcycle, read I was hit on my motorcycle in Texas. Will they blame me?

Why the rider's insurance may not be enough

$30,000 per person is a floor, and many riders carry no more than the law requires. The $60,000 per-crash limit is shared by everyone the rider hurt, including a passenger on the motorcycle and anyone else in your car. A broken leg with surgery, a head injury or months off work can cost more than the whole policy. When the injuries are bigger than the rider's coverage, the question becomes where the rest comes from. We explain the options in what if my damages are more than the other driver's insurance?

Your own policy: uninsured/underinsured motorist coverage and PIP

This is where most people are surprised. Under Insurance Code § 1952.101, every Texas auto liability policy must include uninsured/underinsured motorist (UM/UIM) coverage unless a named insured rejected it in writing. It pays when the person who hit you had no insurance, or had less liability coverage than your UIM limit (§ 1952.103). A motorcycle is a motor vehicle, so a rider with no insurance or too little insurance is exactly who this coverage is for.

Personal injury protection (PIP) works the same way: it must be included unless rejected in writing (§ 1952.152). It pays reasonable expenses from the crash, such as medical bills and lost income, up to its limit, for you and the members of your household (§ 1952.151). Many Texas policies, including a widely used standard Texas PIP endorsement, cover you and your family members not only while riding in a car but when struck by a motor vehicle, which includes being hit while walking or riding a bike. We read your policy to confirm what it covers.

Using your own coverage does not mean you were at fault. See should I use my own insurance if the crash wasn't my fault?

Was the rider splitting lanes?

Lane splitting is not a gray area in Texas. Since September 1, 2023, Transportation Code § 545.0605 says a motorcycle rider may not ride between lanes of traffic moving in the same direction and may not pass a vehicle while in the same lane as that vehicle. That covers both splitting lanes at speed and filtering between stopped cars. A 2025 bill to allow limited filtering in slow traffic (H.B. 2957) did not become law. Riders may ride two side by side in one lane, but no more than two.

The same section protects riders too: a motorcycle is entitled to the full use of a lane, and a driver may not crowd it out. Every driver, including a rider, must stay as nearly as practical within a single lane and change lanes only when it is safe (§ 545.060). If the rider came up between lanes and hit your mirror or door, that is strong evidence of who caused the crash. If the insurer says you drifted into the rider's lane, we answer with the evidence: damage to both vehicles, video and witnesses.

Texas divides fault by percentage (Civil Practice and Remedies Code chapter 33). You can recover as long as you are not more than 50% responsible, reduced by your share. See what if the accident was partly my fault?

Does it matter that the rider wasn't wearing a helmet?

Not for your claim. Texas requires a helmet (Transportation Code § 661.003), but under the law riders 21 or older are exempt if they completed an approved motorcycle safety course or have health insurance that covers injuries from a motorcycle crash. Either way, the helmet question is about the rider's own head injuries. It says nothing about whether the rider ran the light or came between lanes and hit you.

If the rider was hurt and blames you, that claim goes to your own liability insurer, which handles claims made against you under your policy. Your injury claim is separate, and once you hire us, we handle it.

What if there was a passenger on the motorcycle?

A passenger on the bike has a claim of their own, and it draws on the same rider's policy, inside the same $60,000 per-crash limit. That is one more reason to look early at every source of coverage: the rider's policy, the owner's policy if it is a different one, your UM/UIM and your PIP. If you were the passenger on the motorcycle, read I was a passenger. Who pays?

What if the rider drove off?

Motorcycles can leave a scene fast, and their plates are small. Leaving is a crime: the operator of any vehicle in a crash where someone is hurt must stop, help the injured person and give a name, address, registration and insurer (Transportation Code §§ 550.021, 550.023). Call 911 and make sure an officer takes a report.

That report matters for your own coverage. The Texas Department of Insurance warns that uninsured motorist coverage won't pay for a hit-and-run if you didn't report it to police. And when the rider is never identified, Texas law requires actual physical contact between the unknown vehicle and you or your car (Insurance Code § 1952.104). A rider who swerved at you and made you crash without touching you raises a harder question that we look at with the evidence. For the Houston report process, see I was in a hit-and-run in Houston.

What if the rider died?

Your claim does not disappear. It is brought against the rider's estate, and the rider's liability insurance still applies to it. Texas law also adjusts the deadline: the death of a person who may be sued suspends the two-year limitations period for 12 months, or until an executor or administrator qualifies, if that happens first (CPRC § 16.062). We don't rely on that extra time. We identify the insurer and the estate's representative early, and we handle these claims with care for a family that is grieving too.

What if the rider worked for a city or the state?

Police and other government employees ride motorcycles on duty. A claim over an on-duty government rider falls under the Texas Tort Claims Act (CPRC § 101.021), which requires written notice within six months (§ 101.101), and cities can require less time. The City of Houston requires sworn written notice within 90 days. Call early if the rider was in uniform.

Where it happened matters

We talk with people all over Texas after motorcycle crashes, including in north Houston communities like Aldine. Where the crash happened decides which agency wrote the report and, when a government is involved, which notice deadline applies. Our Aldine accident page explains that for the area around the Hardy Toll Road and Bush Intercontinental.

Once you hire us, we deal with the rider's insurer, your own insurer and anyone else involved. You talk with Jimmy directly, in English or Spanish, by phone, text, email or video call, and in person when needed, wherever you are in Texas. The deadline to sue is generally two years from the crash (CPRC § 16.003). Your right to compensation does not depend on your immigration status, and we never ask about it to help you.

Other ways people ask this

Does a motorcycle have to have insurance in Texas?

Yes. Texas requires the same minimum liability coverage for a motorcycle as for a car: $30,000 per injured person, $60,000 per crash and $25,000 for property damage.

Is lane splitting legal in Texas?

No. Since September 1, 2023, Transportation Code § 545.0605 prohibits riding between lanes of traffic moving in the same direction and passing a vehicle in the same lane. A 2025 bill to allow limited filtering did not become law.

Can I use my uninsured motorist coverage if a motorcycle hit me?

Yes, if your policy has UM/UIM and the rider had no insurance, too little insurance or fled. Texas policies include it unless a named insured rejected it in writing.

I was walking when a motorcycle hit me. Does my car insurance help?

Often. Many Texas policies' PIP and UM/UIM cover you and your household members when struck by a motor vehicle, even on foot or on a bike. We read your policy to confirm.

The rider wasn't wearing a helmet. Does that help my claim?

No. Texas lets riders 21 and older ride without a helmet if they took an approved course or have qualifying health insurance, and the helmet has nothing to do with who caused the crash.

The motorcycle drove off. What should I do?

Call 911 and make sure a police report is made. Uninsured motorist coverage generally won't pay for a hit-and-run that wasn't reported, and Texas requires physical contact with the unknown vehicle.

The rider died in the crash. Can I still make a claim?

Yes. The claim is made against the rider's estate and the rider's liability insurance still applies. The rider's death suspends the two-year deadline for up to 12 months, but it is better not to wait.

Authority: Tex. Transp. Code ch. 601 (§§ 601.002, 601.051, 601.072, 601.076) · Tex. Transp. Code § 545.0605 (motorcycles on laned roadways) · Tex. Ins. Code ch. 1952 (UM/UIM §§ 1952.101-.104; PIP §§ 1952.151-.152) · Texas Department of Insurance: auto insurance guide · Texas Department of Insurance: motorcycle insurance · Tex. Transp. Code § 661.003 (helmets) · Tex. Civ. Prac. & Rem. Code ch. 16 (§§ 16.003, 16.062)