If you don’t have insurance and you’re involved in a car accident in Texas, you’re on the hook for some major penalties—no matter who’s at fault. If you aren’t at fault, you can file a claim with the other driver’s insurance to pay for repairs and medical expenses.
Car accidents are expensive and stressful to deal with as it is. Lacking insurance only adds to the stress and can land you in legal trouble. For more information, the dependable car insurance
broker app Jerry
is here to walk you through car accidents without insurance in Texas. We’ll cover your options for filing claims and collecting damages, go over the penalties you may face without insurance, and help you score the cheapest Texas car insurance
to avoid those penalties down the line! What to do if you’re in a car accident without insurance in Texas and not at fault
It’s illegal to drive without car insurance in Texas, so if you’re involved in a collision, here’s what you need to do.
First of all, stay at the scene of the accident. Without insurance, it may be tempting to escape before you’re caught without insurance—but this will lead to more serious trouble. In Texas, leaving the scene is a serious crime no matter who is at fault. A hit-and-run
in Texas could lead to: A misdemeanor charge, a fine between $500 and $2,000, and up to six months in jail if the accident involved property damage
A felony charge, a fine up to $5,000, and up to five years in state prison if the accident caused non-serious injuries
A third-degree felony charge, a fine up to $10,000, and up to 10 years in state prison if the accident caused serious injuries or death
That’s why it’s crucial to remain at the scene of an accident even if you don’t have insurance. After the collision, pull your car over if possible and check for injuries on yourself, your passengers, and anyone else involved. For serious accidents, call 9-1-1—otherwise, call the non-emergency police number.
Make sure to exchange information with the other driver, providing them with your contact and driver’s license number. You’ll also want to document the accident as much as you can by taking photos and other evidence. The more evidence you gather, the easier it will be to prove you weren’t at fault.
If the other driver was at fault and they have insurance, you can file a claim with their provider to cover any vehicle repairs or medical expenses due to the collision. If the other driver is also uninsured, you can file a personal injury lawsuit to pay for economic damages, including vehicle repairs, medical bills, and wages you lost due to the accident.
Since you don’t have insurance, however, the other driver’s attorney may use that against you, leading to a lower settlement than you’d be entitled to otherwise.
Who decides fault in a car accident in Texas?
Knowing who’s at fault for a collision isn’t always so straightforward. The police report from your accident will help insurance providers determine fault, but at the end of the day, the insurance company makes the final call.
If you’re uninsured but not at fault for an accident, make sure to include evidence of the other driver’s fault when you file a claim with their insurer. Hard evidence like photos is extremely helpful in confirming that you weren’t to blame—and therefore not financially responsible.
Do you need to report a car accident in Texas?
Not always. In Texas, you’re only required to report an accident to the police if it resulted in injury, death, or more than $1,000 of property damage. In these cases, you must fill out a crash report form
within 10 days of the accident if the police don’t respond to the scene. Keep in mind that the more time passes between the accident and the crash report, the less reliable the report may be.
That being said, it’s always safest to report the accident, even if it seems minor—because some types of car accident injuries aren’t always apparent right away.
MORE: Hit and run insurance claims: Everything you need to know
What if you’re at fault?
If you were found to be at fault for the collision and you don’t have insurance, you could be in serious hot water.
Because Texas is a modified comparative negligence state, you’ll be financially responsible for your portion of the other driver’s damages if you are deemed more than 50% negligent for the accident. If you don’t have insurance, the not-at-fault driver can file a lawsuit against you to recover these damages.
If you’re lucky, the other driver can rely on their own insurance policy to cover most of the costs. However, if the expenses exceed the driver’s policy limits, you’ll likely have to fork over the difference from your own pocket.
On top of that, if you cause an accident without car insurance, you’ll also face consequences like a fine of up to $1,100, license revocation, or having your vehicle impounded.
What if you’re hit by an uninsured driver in Texas?
If you’re in an accident and you have insurance but the at-fault driver doesn’t, you’ll have to seek out damages from the driver directly…and it’s unlikely to work out the way you want.
Before you know what steps to take, you’ll need to check your own insurance policy to see if you have uninsured motorist coverage
or underinsured motorist coverage, often shortened to UMC/UIM. These types of coverage take care of your medical expenses if you were in an accident caused by an uninsured driver—or a driver without enough bodily injury liability
to pay your expenses. While it’s not required to carry in the Lone Star State, Texas insurance companies must also offer uninsured motorist bodily injury coverage (UMBI) and uninsured motorist property damage coverage (UMPD) as options. Depending on your coverage levels, these types of coverage may cover parts or all of your medical bills, repair bills, lost wages, funeral costs, and more. If you don’t want this coverage, you’ll have to waive it in writing with your insurer.
Other types of coverage that may cover your bills are personal injury protection (PIP)
or collision coverage
. PIP—which is required in Texas—will cover medical bills for your and your passengers no matter who was at fault for the collision. If you have collision coverage
, your vehicle repairs should be covered when you file a claim with your insurance provider. The Insurance Information Institute (III) reports that as of 2019, 8.3% of driving Texans don’t carry even the minimum insurance requirements. This isn’t terrible compared to most other states, but you still have a one in 13 chance of having an accident with an uninsured driver. That’s why it’s wisest to have UIM and collision coverage on your policy.
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Penalties for driving without insurance in Texas
If you weren’t at fault, there’s a chance you can claim damages after an accident without insurance—but you’ll still face penalties for driving without insurance.
According to Texas law, fines for driving without coverage range from $175 to $350, even for first offenses. Subsequent penalties can cost you between $350 and $1,000 per additional offense. Depending on the judge, you could also be facing license and registration suspension or 180-day vehicle impoundment—which will cost an additional $2,700 at a minimum.
If you thought those were hefty penalties, check out the consequences of causing an accident and being uninsured:
Financial responsibility for the other driver’s vehicle damage and bodily injuries
$4,000 fine and one year in jail, if the collision caused death or severe injuries
An SR-22 filing requirement for three years
An SR-22 certificate is a record of proof of financial responsibility you must have following major violations—and it will lead to extra-expensive insurance premiums, so factor that into the running total cost, along with your fines.
Once the deed is done, there’s no undoing it. You can’t go back in time to buy car insurance or appeal the charges. However, if you did have coverage at the time of the accident but didn’t have proof of insurance
on you, you’ll only face up to $350 in fines. MORE: The penalties for using fake proof of insurance
Minimum required car insurance in Texas
To dodge these penalties, how much insurance do you actually need in Texas? The state law requires all drivers to carry a policy that includes these levels of coverage:
$60,000 of bodily injury liability per accident
These coverages are only the bare minimum, so you’re still likely to come up short in the event of a major accident. According to most experts, you should secure more than the minimum requirements by increasing your limits to $100,000 per person, $300,000 per accident for bodily injury liability, and $100,000 for property damage liability. That may sound expensive to add, but it’s shockingly affordable—and you’re way more likely to be protected in nearly any circumstance.
Even if you aren’t required to carry collision coverage or comprehensive coverage
, they’re the only way your car will be protected if you cause an accident. Even without a collision, comprehensive coverage will handle damage caused by severe storms, winter weather, or hurricanes—which will certainly come in handy in the Lone Star State. Driving without insurance can increase premiums
If you’re putting off getting minimum liability insurance for some reason, here’s why that’s a bad idea: if you get caught driving without it
, you’ll have to pay even more for coverage afterward. Violations on your driving record—especially at-fault car accidents—are almost guaranteed to equal higher premiums, which aren’t likely to go down as long as the violation points are on your record. How to find cheap car insurance in Texas
If you don’t have Texas insurance coverage—but you haven’t had an accident yet—you’re in a good spot. Jerry
can help you find the most affordable coverage today! Plus, it’ll only take a few minutes. Jerry knows car insurance can get pricey, which is why they invented the lightning-fast comparison shopping app to find you the best deals based on your specific profile. If you want to avoid the dire consequences of uninsured driving, just download the app and sign up. As a licensed broker, Jerry searches through over 55 top providers to find your best options, sending them straight to your phone in only 45 seconds.
As if it couldn’t get easier, Jerry’s top-notch agents will help you with the sign-up paperwork once you decide on the best option. Signing up won’t cost a dime—but it may save a few! Average users save over $800 a year on auto insurance!
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