If you’re involved in a car accident without insurance in Texas, you can file a claim for damages against the other driver’s insurance company as long as you’re not at fault—but you might be ineligible for non-economic damages and you could face harsh legal penalties for driving uninsured.
Texas’ proportionate responsibility laws allow any driver 50% or less at fault to collect damages relating to a car accident (minus their percentage of fault).
The penalties for driving without car insurance include fines, jail time, a driver’s license suspension, and an SR-22 filing requirement.
You can avoid the consequences of driving uninsured and find
Move your vehicle to a safe location away from traffic (if possible). Check yourself and your passengers for injuries. Call 911 if anyone’s hurt.
Ask the other motorist(s) involved if they’re injured. Assist them if you can.
Exchange contact information. You’ll need the names, phone numbers, policy numbers, and insurance providers of any other involved motorists. Record the names and phone numbers of any witnesses and the badge numbers of any responding police officers.
Document the scene of the accident. Take photos of the vehicles involved, the road, and any visible damages. Note the time of day and the weather. See if there are any malfunctioning lights, damaged signs, or visibility issues you can spot around the intersection.
Take note: If you don’t have car insurance, the most important thing you can do after a car accident is to gather evidence that proves you weren’t at fault. The more evidence you have, the clearer the picture for your eventual car insurance claim.
, a fine between $500 and $2,000, and/or a maximum of six months in jail
If the accident results in non-serious bodily injury: A Class C or B misdemeanor, a fine up to $5,000, and/or a maximum of five years in the Texas Department of Criminal Justice (or one year in county jail)
If the accident results in serious bodily injury: A third-degree felony charge
allow every driver no more than 50% at fault in an auto accident to claim damages, minus their percentage of fault. For example, if you’re 15% at fault, you can recover 85% of your damages. Because the other driver is more than 51% at fault, they can’t recover anything.
, which means the at-fault party in a car accident is responsible for paying any resulting damages. This could include medical expenses, repair bills, funeral costs, and more.
This makes the question of who’s at fault all-important. A police report may influence the answer, but ultimately, it’s the
assigned to your claim who assigns fault in a car accident.
If you’re uninsured but not at fault for a car accident, make sure to submit as much evidence of the other driver’s fault as possible. Photos, witness statements, and written notes are extremely valuable for proving that you’re not responsible (and therefore not liable) for an accident or the resulting damages.
What if you’re hit by an uninsured driver in Texas?
If you’re struck by an uninsured motorist, you’ll have to seek compensation from the at-fault driver directly in a personal injury lawsuit. We recommend hiring a personal injury lawyer, or a car accident attorney, or at least seeking a free case evaluation before starting an injury claim.
The Insurance Information Institute (III) reports that as of 2019, 8.3% of Texas drivers don’t carry even the minimum insurance requirements
If you’re involved in a collision, that's a 1 in 13 chance that one of the drivers involved doesn’t carry insurance
It’s a good idea to add no-fault types of coverage to your insurance policy—like
in Texas, you could be held personally liable for thousands of dollars.
You’ll be lucky if the other driver decides to file a first-party claim against their own insurance provider to pay for damages—but if the bills exceed their policy limits, you’ll probably have to supply the difference out-of-pocket. Plus, they could hire a car accident lawyer to sue you.
With healthcare and auto repair costs on the rise, the bare minimum car insurance is no longer enough. Most experts recommend increasing your limits to 100/300/100—but don’t worry, it won’t triple your premiums.
Penalties for driving without car insurance in Texas
The penalties for uninsured motorists in Texas include fines, jail time, and other sanctions. They apply regardless of whether or not you’re deemed at fault for causing a car accident.
is surprisingly affordable—our customers save an average of over $800 per year!
FAQs
Do you need to report a car accident in Texas?
+
Texas law only requires drivers to report a car accident to the police if it involves injury, death, or more than $1,000 of property damages. If no police officer is present at the scene, you must fill out a
That said, considering even the most minor car repairs can cost over $1,000 to fix, it’s best to contact the police immediately and let them file a report for you.
Can you sue an uninsured driver after an accident in Texas?
+
If you’re struck by an uninsured driver in Texas, state law protects your right to sue and pursue damages in court. But personal injury lawsuits are vastly more complicated than filing a car insurance claim. We recommend hiring a personal injury attorney or law firm who can guide you through the process.
Does your insurance go up after a not-at-fault accident?
found that car insurance companies often raise insurance rates after a car accident regardless of whether policyholders made a claim or were at fault. While California and Oklahoma prohibit these practices, Texas has yet to introduce any legislation forbidding not-at-fault insurance rate increases.
4.7
