Texas drivers are required by law to show proof that they are financially responsible for any accidents they may cause. Most drivers buy auto insurance to pay for any liability they incur for injuries or property damage. But a fairly significant number of drivers choose to drive without insurance. When car accidents happen, uninsured drivers face criminal consequences.
Uninsured drivers who cause auto accidents face greater penalties than uninsured drivers who are involved in accidents but not at fault. The fact of not having insurance does not negate a driver’s right to make an injury claim against the at-fault driver. However, it does limit the resources available to provide compensation, and it can work against an uninsured driver when negotiating an injury claim.
The Legal Penalties for Driving Without Insurance in Texas
If you are driving without insurance in Texas, you are not alone. In 2019, the Texas Comptroller’s office reported there were close to 23.7 million licensed drivers in the state, representing about 80% of the population. About 15% of those drivers – or just over 3.5 million people – are driving without insurance.
When someone is caught driving without proof of financial responsibility, they face criminal penalties. Barring any extenuating circumstances like a prior record or aggravating factors, the first offense is punishable by a fine and subsequent offenses can be punishable by a higher fine, vehicle impound, and / or suspension of driving privileges.
Drivers with more than one conviction for uninsured driving are required to keep a current Financial Responsibility Insurance Certificate – commonly known as an SR-22 – on file with the Texas Department of Public Safety for two years following their conviction. Failing to do so is a separate offense punishable by another fine and up to six months in jail.
What Happens After a Car Accident If the Offender Is Uninsured?
Breaking the law by being uninsured is one thing. Breaking the law by being uninsured and then causing an auto accident that results in injuries and property damage to others is quite another. Not only will an uninsured at-fault driver face higher fines and more jail time, but they could also end up personally liable for all of the damage they caused.
Texas is an at-fault state which means those who are at fault for a car accident will be held responsible for paying for the resulting damages. Having some fault for causing a crash will reduce the amount of compensation an injured driver may receive. An insurance company may try to use the lack of auto insurance as an indication of some fault on the part of an injured driver.
However, unless the mere absence of insurance contributed to the circumstances resulting in a car accident, it should have no bearing on a personal injury claim and should not reduce the compensation a claimant is otherwise entitled to.
How Being Uninsured Can Affect Compensation for Injuries
Driving without auto insurance is both a legal and a financial gamble. Insurance provides resources to pay for the costs associated with a vehicle collision. Without insurance, there may be no alternative source of payment for needed medical treatment and other out-of-pocket expenses.
When You Have No Insurance
When you purchase auto insurance in Texas, providers must offer two optional kinds of coverage in addition to the required liability insurance. Personal Injury Protection (PIP) pays for medical expenses, lost income, and other expenses without regard to fault. Uninsured Motorist (UM) provides insurance that replaces the liability coverage an uninsured driver should have had.
Injured drivers who are uninsured do not have the benefit of PIP or UM and must hope they have adequate health insurance, and that the at-fault driver is insured.
If the Other Driver has Insurance
If an at-fault driver is insured, the victim being uninsured does not prohibit an injury claim from being made against that driver’s insurance company. It must be kept in mind that the insurance company will be looking for ways to minimize its liability, and trying to pin some fault on a claimant for being uninsured may be its strategy.
It will be important to have the evidence necessary to clearly establish liability and keep the status of not having auto insurance from being used as an excuse to reduce financial compensation.
If the Other Driver Does Not Have Insurance
When you are not insured, and the at-fault driver is not insured, it may be a struggle to pay for the expenses associated with a car accident. Personal health insurance may be able to help with medical expenses if available but doesn’t cover property damage. The at-fault driver may be sued directly but may have few assets with which to satisfy a judgment.
If the Accident is a Hit-and-Run
Drivers involved in car accidents have to stop and provide contact information to others involved in the crash and render aid to anyone who may need it. A driver who leaves the scene of a serious accident can get up to 20 years in prison and pay up to a $10,000 fine. But that is only if there is enough information to locate the fleeing driver.
An at-fault driver who departs the crash scene takes his insurance with him and leaves an uninsured driver in the same situation as if the hit-and-run driver were uninsured.
Work With A Corpus Christi Car Accident Lawyer
Even though it was not your fault, if you were driving without insurance and got injured in an auto accident, you could be in a bit of legal trouble. You will need legal assistance from a personal injury lawyer. Contact John Flood Trial Lawyers to speak to a car accident lawyer.
