Uninsured Driver Accidents in Texas: Your Legal Options

Uninsured Driver Accident in Texas

Getting into a car accident is stressful enough, but finding out the other driver doesn’t have insurance can make things even worse. Texas law requires all drivers to carry liability insurance, but that doesn’t stop some from driving without it. If an uninsured driver hits you, you might wonder how you’ll pay for medical bills, car repairs, or lost wages.

The good news is that you still have options. Your own insurance might cover some of the damages, and in certain cases, you may be able to take legal action against the at-fault driver. The process can be challenging, but with the right guidance, you can still recover the money you’re owed.

What Happens to Uninsured Drivers in an Accident in Texas?

Texas law requires all drivers to carry car insurance, but not everyone follows the rules. If you’re in an accident involving an uninsured driver, things can get complicated fast. If you have insurance, your own policy might help cover your losses. If you are an uninsured driver, you could face serious financial and legal consequences. Here’s what you need to know.

If You Are Hit by an Uninsured Driver

Texas is an at-fault state, meaning the driver responsible for the crash must pay for damages. If the at-fault driver is uninsured, recovering compensation can be challenging.

  • Uninsured Motorist (UM) Coverage – If you have UM coverage, your insurance can pay for medical bills, lost wages, and car repairs.
  • Personal Injury Protection (PIP) & Collision Coverage – These may help cover costs, depending on your policy.
  • Lawsuit Against the Uninsured Driver – You can sue, but many uninsured drivers lack assets to pay damages.

If You Are the Uninsured Driver

Driving without insurance in Texas has serious consequences:

  • Fines & Penalties – First-offense fines start at $175, with higher penalties for repeat violations.
  • Liability for Damages – If you cause an accident, you must pay for the other driver’s losses out of pocket.
  • Lawsuits – The other driver can sue you for medical bills, car repairs, and lost wages.
  • License & Vehicle Impoundment – Repeat offenses can lead to license suspension and having your car impounded.
  • Higher Insurance Rates – Getting caught without insurance can make future coverage more expensive.

If you’re uninsured, getting coverage now can protect you from major financial and legal trouble. Even a basic policy costs far less than the potential fallout of an accident.

Penalties for Driving Without Insurance in Texas

Driving without insurance in Texas is a costly mistake. The state requires all drivers to carry liability insurance, and getting caught without it can lead to fines, license suspension, and even your car being impounded.

First Offense:

  • Fine between $175 and $350
  • Additional annual fee of $250 for three years to keep your driver’s license
  • Possible court costs

Repeat Offenses:

  • Fines increase to $350–$1,000
  • Higher annual fees
  • Suspended driver’s license
  • Vehicle impoundment, requiring proof of insurance and additional fees to get it back

If You Cause an Accident While Uninsured:

  • You are responsible for all damages out of pocket, including medical bills and car repairs
  • The other driver can sue you, which could lead to wage garnishment or asset seizure
  • You may be required to carry SR-22 insurance, which is expensive and stays on your record for years

What Happens if Someone Else Crashes My Car in Texas?

man looking at the car after a car accident

Letting someone else drive your car might not seem like a big deal until they get into an accident. In Texas, insurance usually follows the car, not the driver. That means your policy may still cover damages, but the situation can get tricky depending on who was driving and whether they were legally allowed to.

Drivers Not Listed on Your Insurance

If a friend or family member borrows your car and gets into a crash, your insurance will likely cover the damages as long as you have permitted them. This is called permissive use, and most policies include it. However, some policies have restrictions, so it’s always good to check your coverage.

If the damage exceeds your policy limits, the driver’s insurance (if they have any) may help cover the rest. But if they were driving recklessly or under the influence, your insurer could deny the claim, leaving you responsible for the costs.

Unlicensed Drivers

Letting an unlicensed driver take your car is a risky move. If they crash, your insurance may not cover any damages because most policies exclude unlicensed drivers. This could leave you paying for repairs, medical bills, and legal costs out of pocket.

In Texas, allowing an unlicensed driver to operate your vehicle can also lead to legal trouble. If they are caught, your car could be impounded, and you might even face fines for letting them drive illegally. If they cause serious injuries or property damage, you could be held personally liable.

Before handing over your keys, make sure the person driving is both licensed and covered. A simple favor can turn into a costly mistake if the wrong person is behind the wheel.

How Uninsured Motorist Coverage Helps You After an Accident

Uninsured driver accidents in Texas can leave you dealing with costly medical bills and vehicle repairs. If the at-fault driver has no insurance or not enough to cover the damage, uninsured motorist (UM) coverage can help. While Texas law does not require UM coverage, insurance companies must offer it, and having it can provide crucial financial protection in these situations.

Types of Uninsured Motorist Coverage

Texas offers two main types of UM coverage:

  • Uninsured Motorist Bodily Injury (UMBI) – Covers medical bills, lost wages, and pain and suffering for you and your passengers if an uninsured or hit-and-run driver causes the accident.
  • Uninsured Motorist Property Damage (UMPD) – Helps pay for repairs to your car when the at-fault driver has no insurance. It usually comes with a deductible.

Uninsured driver accidents in Texas happen more often than people realize, and having UM coverage can prevent you from paying out-of-pocket for someone else’s negligence. It’s an affordable option that can save you thousands in unexpected expenses.

TexasSure: The State’s Insurance Verification System

Texas uses TexasSure, a statewide system that tracks whether vehicles have valid insurance. When you register your car or get pulled over, law enforcement and state agencies can instantly check if your insurance is active.

If TexasSure flags your vehicle as uninsured, you could receive a warning, a fine, or even a suspension notice, even if you actually have coverage. Mistakes happen, so if you get an incorrect notice, contact your insurance company to clear it up.

Uninsured Motorist Coverage Requirements in Texas

Uninsured motorist coverage is not mandatory in Texas, but insurance companies must offer it when you buy a policy. If you don’t want it, you have to reject it in writing.

Texas law sets minimum coverage limits for UM policies:

  • $30,000 per person for bodily injury
  • $60,000 per accident for bodily injury
  • $25,000 for property damage

What Happens if My Insurance Company Acts in Bad Faith With My Uninsured Motorist Claim?

Insurance companies are supposed to help when you file a claim, but sometimes they delay, deny, or underpay without a valid reason. This is called bad faith, and it’s illegal in Texas. If your insurer refuses to pay a legitimate claim, offers far less than your coverage allows, or takes too long to process your claim, they may be acting in bad faith. You can push back by requesting a written explanation, filing a complaint with the Texas Department of Insurance (TDI), or taking legal action. If your insurer is acting unfairly, a lawyer can help you recover not only what you’re owed but possibly additional damages for their bad faith practices.

The UM Insurance Doesn’t Cover My Injuries. Can I Sue the Uninsured Driver?

Yes, but winning a lawsuit doesn’t always mean you’ll get paid. Many uninsured drivers don’t have the money or assets to cover damages, which is often why they’re uninsured in the first place. Before suing, check if your Uninsured Motorist (UM) coverage or Personal Injury Protection (PIP) can help. If the driver has significant assets, a lawsuit may be worth pursuing. However, if they have little to no financial resources, recovering compensation could be challenging.

Uninsured driver accidents in Texas can put victims in tough financial situations, but knowing your options can help you recover the compensation you need.

How Thompson Law Can Help

If you’ve been in an accident with an uninsured driver, Thompson Law is here to help. We guide you through the legal process, from negotiating with insurance companies to pursuing lawsuits, ensuring you get the compensation you deserve. With years of experience and a focus on protecting your rights, we’ve successfully secured damages for many clients. Plus, we work on a contingency fee basis, so you only pay if we win your case. Check out our success stories and learn more about our contingency fee structure.

Contact Thompson Law Today

If you’ve been in an uninsured driver accident, don’t wait. Contact Thompson Law for a free consultation. We’ll help you understand your legal options and fight for the compensation you deserve, all with no upfront fees. We’re here to protect your rights and guide you through every step.

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Contact us today for a free, no obligation consultation to discuss your accident, get answers to your questions, and understand your legal options. State law limits the time you have to file a claim after an injury accident, so call today.