Car accidents are all too common on Texas highways. In the aftermath, drivers with insurance often breathe a sigh of relief, knowing they have financial protection for medical bills, vehicle repairs, and lost wages.
But what happens if you’re uninsured—and the crash wasn’t your fault?
Not having car insurance doesn’t automatically disqualify you from pursuing compensation. However, Texas law does impose penalties for driving without coverage. Below, we’ll break down your rights and the potential consequences.
Can I Still Sue if I Don’t Have Insurance but Wasn’t at Fault?
Texas follows a comparative fault system, meaning the driver who is more responsible for the accident must pay for the damages. If you are at fault and lack insurance, you could be personally liable. However, if you aren’t at fault, you can seek compensation from the at-fault driver’s insurance company. There are two options for compensation in Texas if you are uninsured and not at fault, including the following:
- You can file a claim with the at-fault driver’s insurance company. In this instance, you’ll go through the normal claims process and receive any coverage the other driver has for accidents.
- Alternatively, you can file a personal injury lawsuit in a Texas civil court. Most insurance policies cover attorney representation in lawsuit cases. This means if you sue the other driver, you’ll be dealing with the insurance company’s legal team.
Keep in mind that the statute of limitations in Texas is two years. We suggest consulting a lawyer immediately after an accident to protect your rights, especially if you do not have insurance to guide you.
What Happens if I Caused the Accident?
Texas is a fault-based state. This means that if you are responsible for an accident, you must cover the damages, even if you don’t have insurance. Without insurance, you will likely be held personally liable for medical bills, car repairs, and other high-priced damages. Not paying comes with consequences. You could be sued, and a lien may be placed on your assets, risking loss of property.
What if the Responsible Driver Has No Insurance?
If the at-fault driver doesn’t have insurance, the injured party may still have multiple ways to pursue compensation. For example, you can utilize uninsured motorist coverage from your own policy, if available, to cover medical and repair costs.
Similarly, Personal Injury Protection can cover medical bills and lost wages, no matter who was at fault, if included in your policy. If necessary, you can sue the uninsured driver, but recovery depends on the driver’s ability to pay.
In rare cases involving criminal negligence—such as drunk driving—you may be eligible for help from the Texas Crime Victims’ Compensation Fund, which offers up to $50,000 in approved benefits.
A seasoned attorney with Joe & The Stephens Law Firm can help you determine your legal options. Call our law office for more information, or review our case results today.
Determining Liability in a Car Accident
Both the court system and the insurance company will investigate the accident to determine liability. Liability will determine who pays for damages and how much compensation will be awarded.
Lack of insurance does not automatically mean you are liable. With the help of a car accident attorney, you can gather evidence and information to show you are not at fault. An attorney like Joe Stephens can also be helpful to combat any excuse to offer a lower settlement since you do not have insurance. Overall, the key to receiving fair compensation after a car accident is building a compelling case and an accurate picture of the necessary compensation.
Penalties for Driving Without Insurance in Texas
You can expect a citation for driving without insurance at the bare minimum. The amount of the fine will vary based on previous incidents.
For example, a first offense will be a fine between $175 and $350 with a $250 driver’s license surcharge for the next three years. Any subsequent incidents will see a fine range between $350 and $1000, in addition to the surcharge. In addition, the continued violation can result in a revocation of your license.
Texas law requires certain liability insurance amounts to cover financial liability after an accident. At a minimum, you need the following coverage:
- $30,000 coverage for bodily injury liability per person per accident
- $25,000 coverage for property damage
- $60,000 coverage for total bodily injury liability per accident, if two or more people are involved
Each coverage amount applies if you cause the accident.
If you’ve been injured by the negligence of another, you could hire any injury lawyer near you, or you can hire a West Houston auto accident attorney. Joe Stephens has been defending injury victims in Texas for over three decades from negligent individuals, companies, and greedy insurance companies. As a top-rated auto wreck lawyer in Katy, Joe handles all cases personally, and his staff is always available to answer questions.
If You Were Injured in a Car Wreck, Call West Houston Injury Attorney Joe Stephens Now
You aren’t barred from compensation just because you do not have insurance. However, there are penalties for driving uninsured. You’ll also need a car accident attorney to present an airtight case showing that the other driver is liable. Attorney Joe Stephens knows the ins and outs of the litigation process and can help you build a strong case to aid in your recovery.
Contact The Stephens Law Firm at 281-201-0035 to begin seeking compensation for injuries in a car or truck accident. We’ll take over fighting for your case while you recover.
