What Happens If the Person At Fault in an Accident Has No Insurance in Texas?

When you are in a car accident, the aftermath can be stressful enough when you have injuries and other losses. Unfortunately, the situation can become more complicated when the at-fault driver doesn’t have the mandatory auto insurance under Texas law.

This is an all-too-common scenario in Texas, where many drivers choose to go without insurance coverage. So, what should you do if you’re in an accident with an uninsured driver? You should seek medical attention and then consult our car accident attorney from York Law in Dripping Springs, TX.

A Liable Driver’s Insurance Should Cover Your Losses

Ideally, the at-fault driver’s insurance would cover your losses in a car accident. However, if they don’t have insurance, it can be challenging to recover the compensation you deserve. In Texas, drivers are required to carry liability insurance to cover the costs of injuries and property damage caused by an accident. Unfortunately, not all drivers comply with this requirement, leaving innocent victims in a difficult position.

Many Texas Drivers are Uninsured

According to recent statistics, around 14% of drivers in Texas are uninsured. This means that you have a higher likelihood of encountering an uninsured driver while on the road. If you’re involved in an accident with one of these drivers, you must understand your options for seeking compensation. The best way to do this is to consult a car accident lawyer right away.

You Can File a Claim with Your Uninsured Motorist Coverage

If you have uninsured motorist coverage as part of your car insurance policy, you can file a claim with your own insurance company for compensation. Uninsured motorist coverage is designed to protect you in situations where the at-fault driver doesn’t have insurance. This coverage can help cover medical expenses, lost wages, and other damages resulting from the accident.

Call a Car Accident Lawyer to Handle Your Uninsured Motorist Claim

Many people believe that they do not need an attorney to handle an uninsured motorist claim. However, your own insurer can be just as difficult as a third-party insurer. For a successful uninsured motorist claim, you still must:

• Prove that the uninsured driver caused the crash and you were not at fault
• Prove the extent of your injuries and losses

This requires evidence, just as a third-party claim would require, and your insurer can challenge your claim and try to minimize your settlement, just as a liable driver’s insurance company might do. Always have the right legal representation for this type of claim, even if you believe it should be a simple process.

What happens if you get into a car accident with a driver without insurance?

If you’re in an car accident and the other driver is at fault but doesn’t have insurance, you have a few options:

• Use your own insurance: If you have something called “uninsured motorist coverage,” your own insurance can help pay for your damages. This includes things like:
• Medical bills
• Lost wages if you can’t work
• Car repairs
• Pain and suffering
• Sue the other driver: You can take the uninsured driver to court. But there’s a problem with this. If they couldn’t afford insurance, they might not have enough money to pay you even if you win in court.
• Use your health insurance: If you’re hurt, your health insurance can help pay for your medical bills. But you might still have to pay some costs yourself.
• Use your own collision coverage: If you have this type of insurance, it can pay for repairs to your car, even if the other driver doesn’t have insurance.

Remember, it’s important to call the police after an accident, especially if the other driver doesn’t have insurance. The police report can be very helpful later.

What if you were at fault and have no insurance?

If you caused an accident and you don’t have insurance, you could be in big trouble.

Here’s what might happen:

• You could be fined up to $350 for a first offense. If it happens again, the fine could be up to $1,000.

• Your driver’s license could be taken away for up to two years.

• The police might impound your vehicle.

• The other driver could sue you. If they win, you might have to pay for their medical bills, lost wages, car repairs, pain and suffering

• In some cases, driving without insurance can be a crime.

• SR-22 requirement, which is a special form that proves you have insurance. You might need to have this for several years, and it can make your insurance more expensive.

• You’d be responsible for paying for all the damage you caused out of your own pocket.

Driving without insurance is never a good idea. It’s against the law and can cause you a lot of problems if you get into an accident.

Contact a Dripping Springs, Texas Car Accident Lawyer

If you’ve been in an accident with an uninsured driver in Texas, York Law APC car accident lawyers can help. We explain your rights, find all possible insurance coverage, negotiate with insurance companies, handle lawsuits, and deal with fines or charges.

Contact us at (619) 233-1033 or online to secure the compensation you deserve.

“Justice isn’t a distant goal; it’s the real outcome we pursue for every client, every case, every day.”

Steven Ray York

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Steven Ray York who has more than 20 years of legal experience as a personal injury attorney.