I was at fault & have uninsured policy. The person that hit me had no insurance? Can my uninsured pay me for pain & suffering

Well, since you admit you were at fault, then, no, you wouldn't be eligible for any type of pain and suffering under the Uninsured Motorist coverage of your auto insurance. You just admitted as well on a very public website that you were at fault. These posts are available for anyone, including insurance companies, to access, so in the future, if I were you I would not admit to liability on a public website. Texas is what is called a "modified comparative negligence" state, which means that a driver can be assessed anywhere from 0% liability to 100% liability, but if a driver's liability is over 50%, he or she is barred from any recovery against the other person. So, even if you weren't completely at fault in the accident, if your liability is more than 50% (51% to 100%), then your auto insurance carrier has the right to deny your claim based on your state's liability laws. Having said all that, your best bet to double-check all of your legal options here and obtain the maximum injury settlement amount in this case is to consult immediately with a personal injury attorney in your area to obtain a more specific answer and get all of your legal options before deciding what to do and then also complete all medical treatment necessary for any injuries you received. The attorney will also investigate any liability issue and check for all available coverages to ensure you have the maximum amount of coverages available to you. You can use the "Find a Lawyer" link at the top of this page for the names of attorneys in your area. Most offer a free consultation and work on a contingency fee basis, so you won’t have to pay anything up front. Please do not message me for further advice or call my former law firm if you have any further questions. If you are in need of an attorney to assist you, please search for another attorney in the jurisdiction involved in your case, as I am now retired, and my former law firm is no longer handling these types of cases. I am active on and answer questions only as a public service at this point. IMPORTANT: No attorney-client relationship is formed through interaction with this attorney on this public forum. The contents of any comment or response should be considered general conversational discourse on the topic identified and NOT specific legal advice or analysis that might apply to your situation. If you rely upon any part of the content of this response in making any decision or pursuing any course of action, you do so at your own risk and without recourse against this attorney or law firm. Good luck!

If you were at fault then your uninsured coverage doesn't have to pay anything. If you disagree with their finding that you are at fault, you can pursue an uninsured claim with your insurance company. If you can prove that you were not at fault they would have to pay for your damages. It is worth talking to an injury attorney about.