What Are the Uninsured Motorist Laws in Texas?

It is illegal to operate a motor vehicle in Texas without the required insurance. Every driver must carry proof of financial responsibility in the form of an auto insurance policy. Insurance protects drivers by paying for vehicle repairs and medical bills after car accidents. Unfortunately, not every driver fulfills his or her legal obligation to purchase vehicle insurance. Hundreds of drivers in Texas illegally operate vehicles without at least the minimum required amounts of car insurance…or no insurance at all.

If the police catch someone driving without car insurance in Texas, that person could face serious penalties. A citation for driving while uninsured could lead to the temporary suspension of the person’s driving privileges until he or she can show proof of insurance. The driver may also have to pay a penalty fee of $175 to $350, plus an added surcharge of $250 on the driver’s license fee for the next three years. This could bring the total costs of being an uninsured driver to over $1,000. Uninsured drivers who are repeat offenders could face initial fines of up to $1,000 plus the annual surcharge.

Getting multiple citations for driving uninsured could lead to long-term driver’s license revocation in Texas, as well as vehicle impoundment. It can be a difficult and expensive process to lawfully get back on the road after this. One of the most daunting repercussions for driving without insurance, however, is being 100% liable for any damages resulting from an at-fault car accident. Without the financial protection of auto insurance, an at-fault driver may be personally responsible for covering the thousands of dollars in victims’ expenses.

The State of Texas uses a tort-based insurance system to resolve car accident cases. A tort is a civil wrongdoing. Under Texas’ fault insurance system, the party that caused the auto accident will be the one liable for damages. In a no-fault system, on the other hand, all injured parties will seek damages from their own insurance companies, even if they did not cause the accident. After a car crash in Texas, one of your first steps should be to get the name and insurance information of the other driver. If an investigation finds that driver at fault for the collision, call his or her insurance company, file your claim and negotiate for fair compensation.

A simple car accident case will involve the at-fault driver’s insurance company accepting your claim to damages and offering a suitable settlement. If the other driver involved in your wreck does not have car insurance, however, this outlet for recovery will not exist. The other driver will not have any vehicle insurance to pay for your expensive damages. You may need to seek compensation through alternative routes instead.

After an accident involving an uninsured or underinsured driver, call your own auto insurance provider to discuss your policy. Your agent will be able to verify whether you have uninsured/underinsured motorist (UM/UIM) coverage on your policy. This is an optional type of insurance in Texas, but you must opt-out of it in writing. If you do have UM coverage, your own insurance company will pay for your personal injuries and property damages. If you do not have UM/UIM coverage, however, you may have to pursue compensation through a liability lawsuit.

Texas’ fault laws allow you to bring a lawsuit against one or more at-fault parties for car accident damages. If the other driver does not have insurance, he or she may not have the personal funds to pay for a verdict even if you win a trial. Your lawyer may instead investigate the fault of other parties, such as the manufacturer of a defective car part or the at-fault driver’s employer. Holding a third party responsible for your car accident could mean insurance coverage available to pay for your damages. Contact an attorney to assist you with your case after a crash with an uninsured motorist.

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