Car accidents in Texas are stressful enough on their own, but when one or more parties involved don’t have car insurance, things can get even more complicated. In Texas, laws around uninsured drivers aim to hold at-fault parties accountable, but they also leave room for civil action, legal consequences, and complicated financial implications.
Whether you’re an insured motorist struck by an uninsured driver or an uninsured driver yourself, knowing how Texas law applies to your situation is essential.
If you’re navigating the aftermath of an accident involving uninsured drivers, Guzman Law Firm is here to protect your rights, help you recover damages, and guide you through the process.
What is the uninsured motorist law in Texas?
Texas law requires drivers to carry minimum liability insurance to legally operate a motor vehicle. As of this writing, the minimum limits are:
- $30,000 for injury to one person
- $60,000 total for injuries per accident
- $25,000 for property damage
Despite this requirement, many drivers on Texas roads remain uninsured. To help address this, Texas insurance companies are required to offer uninsured/underinsured motorist (UM/UIM) coverage to policyholders. Though optional, this coverage can be a financial lifesaver if you’re hit by someone without insurance or without enough insurance to cover your damages.
Additional considerations for uninsured motorist claims in Texas
- Comparative fault: Texas follows a modified comparative fault rule. If you are found 51% or more at fault for your accident, you cannot recover damages. If you’re less than 51% at fault for the accident, your compensation will be reduced by your percentage of responsibility.
- Subrogation: If your insurance company pays for your UM/UIM claim, it may seek reimbursement from the at-fault uninsured driver through a process called subrogation.
- Property damage: UM/UIM coverage may also cover damage to your vehicle, but this depends on the specifics of your policy.
Now that we’ve established a baseline understanding of Texas laws surrounding uninsured drivers, let’s take a look at a few common scenarios, along with their legal implications.
Scenario 1: You’re an insured motorist hit by an uninsured driver
What happens if an uninsured driver hits you in Texas?
If you’re an insured driver involved in an accident caused by someone who doesn’t have car insurance, you still have a few options to pursue compensation:
- Use your own UM/UIM coverage: If you opted into uninsured motorist protection, you can file a claim with your own insurance company. This coverage can help pay for:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- File a personal injury lawsuit: If the uninsured driver is found at fault, you may sue them directly for damages. However, keep in mind that uninsured drivers often don’t have the financial resources to pay a large judgment, even if you win.
Can you sue an uninsured driver in Texas?
Yes, you can sue an uninsured driver for damages resulting from the accident. A civil lawsuit may be the best or only option if you don’t have UM/UIM coverage. Texas is a fault-based state, which means the party responsible for the accident is legally liable for any resulting injuries and property damage.
If you choose to sue, you will need to prove that the uninsured driver’s negligence caused the accident. A Laredo personal injury attorney can help build your case, file the appropriate paperwork, negotiate with the other party, and represent you in court if necessary.
What is the statute of limitations for uninsured motorist claims in Texas?
The deadline to file a lawsuit or insurance claim depends on the type of claim:
- Personal injury lawsuits: You generally have two years from the date of the accident to file a lawsuit.
- Uninsured motorist insurance claims: You also generally have two years, but some insurance policies may impose shorter contractual deadlines, so review your policy carefully.
Missing these deadlines can prevent you from recovering compensation. That’s why it’s crucial to speak with a qualified attorney promptly.
Scenario 2: You’re an uninsured driver involved in an accident with an insured motorist
Can you go to jail for driving without insurance in Texas?
Driving without insurance is illegal in Texas, but you won’t go to jail for it unless other factors are involved (e.g., repeat offenses, driving without a license, intoxication, etc.). Instead, you may face:
- Fines between $175 and $350 for a first offense (up to $1,000 for repeat offenses)
- Court costs
- A suspended license
- Vehicle impoundment
- SR-22 insurance filing requirements
While jail time for just being uninsured is unlikely, the legal and financial consequences can still be significant, especially if you’re at fault in an accident.
What if you’re not at fault?
If you’re the uninsured driver but not at fault, Texas law still allows you to pursue compensation. However, your lack of insurance may be used against you in court or in settlement negotiations, especially when it comes to credibility or demonstrating financial responsibility.
While being uninsured doesn’t automatically prevent you from recovering damages, it complicates your legal standing and may open you up to penalties unrelated to the accident itself. It’s in your best interest to speak with an attorney immediately if you’re in this situation.
Scenario 3: Both drivers are uninsured
This is the most legally and financially risky situation. When neither driver has insurance, the potential for out-of-pocket expenses and legal liability skyrockets.
In these cases:
- The at-fault driver can still be sued personally for damages.
- The non-at-fault driver, if injured, has no insurance to fall back on.
Courts may award compensation to the injured party, but collecting that compensation can be difficult without insurance coverage or significant personal assets.
Additionally, both parties can be fined for driving without insurance, and the legal repercussions — license suspension, impoundment, or SR-22 requirements — may apply to both.
How a personal injury attorney can help
Whether you’re insured or uninsured, at fault or not, working with a personal injury attorney can dramatically improve your chances of receiving fair treatment and just compensation. Here’s how a lawyer from Guzman Law Firm can assist:
- Evaluate your case and determine fault
- Review your insurance coverage and policy terms
- Negotiate with insurance companies on your behalf
- Pursue civil litigation against at-fault uninsured drivers
- Help protect your rights if you’re the uninsured party being sued
- Navigate the statute of limitations and file timely claims
- Uncover alternative sources of compensation, such as third-party liability
Legal complexities, especially when uninsured drivers are involved, can make it nearly impossible to handle a case effectively on your own. At Guzman Law Firm, we are experienced in litigating uninsured motorist cases, and we’ll work with you to explore all your legal options.
Don’t let an uninsured driver ruin your life. Call Guzman Law Firm.
Accidents are hard enough without having to deal with insurance headaches, mounting bills, and complex legal questions. When uninsured drivers are involved, the road to recovery can feel even longer and steeper. But you don’t have to go it alone.
Whether you’re insured or not, at fault or not, attorney Javier Guzman from Guzman Law Firm is here to advocate for your rights, recover the compensation you deserve, and help you move forward. We know Texas personal injury law inside and out, and we’ll work with you every step of the way, from gathering evidence and dealing with insurers to filing lawsuits and fighting for justice in court.
Don’t wait until it’s too late. Call Guzman Law Firm today at (956) 516-7198 to schedule your consultation and start building your case.
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