What Happens if You Don’t Have Insurance and Get Into a No-Fault Car Accident in Texas?
The Texas highways are no stranger to car accidents. When the unexpected occurs, you suddenly feel extra grateful for car insurance. This can help them recover from medical injuries, property damage, lost wages, and more.
But what if you do not have car insurance? And what if you are not at fault for that accident?
Well, your ability to recover damages and receive compensation does not disappear with the lack of insurance. However, there may be penalties for driving without insurance. We’ll explain below.
Can I Still Sue if the Wreck Wasn’t My Fault, But I Don’t Have Insurance?
Texas is a comparative fault state, which means that the driver who is more at fault is fiscally responsible for the damage. If you are at fault and do not have insurance, you could be personally liable. If you are not at fault, you are able to seek remedies from the at-fault driver’s insurance company.
There are two options for seeking compensation in Texas when you are uninsured and not at fault:
- First, you can file a claim with the at-fault driver’s insurance company. You will follow the usual claims process and be entitled to whatever coverage protection the other driver has for accidents.
- Alternatively, you can file a personal injury lawsuit in a Texas civil court. Most insurance policies provide for attorney representation in the event of a lawsuit. This means that if you file a lawsuit against the other driver, you will ultimately be taking on the insurance company’s legal department.
Determining Liability
Both the court system and the insurance company will investigate the accident to determine liability. Liability will determine who pays for damages and how much compensation will be awarded.
Lack of insurance does not automatically mean you are liable. With the help of a car accident attorney, you can gather evidence and information to show you are not at fault. An attorney like Joe Stephens can also be helpful to combat any excuse to offer a lower settlement since you do not have insurance. Overall, the key to receiving fair compensation after a car accident is building a compelling case and an accurate picture of necessary compensation.
Penalties for Driving Without Insurance
You can expect a citation for driving without insurance at the bare minimum. The amount of the fine will vary based on previous incidents.
For example, a first offense will be a fine between $175 and $350 with a $250 driver’s license surcharge for the next three years. Any subsequent incidents will see a fine range between $350 to $1000, in addition to the surcharge. In addition, the continued violation can result in a revocation of your license.
Texas law requires certain liability insurance amounts to cover financial liability after an accident. At minimum, you need the following coverage:
- $30,000 coverage for bodily injury liability per person per accident
- $25,000 coverage for property damage
- $60,000 coverage for total bodily injury liability per accident, if two or more people are involved
Each coverage amount applies if you cause the accident.
If you’ve been injured by the negligence of another, you could hire any injury lawyer near you, or you can hire a West Houston auto accident attorneys. Joe Stephens has been defending injury victims in Texas for over 3 decades from negligent individuals, companies, and greedy insurance companies. As a top rated auto wreck lawyer in Katy, Joe handles all cases personally, and his staff is always available to answer questions.
If You Were Injured in a Car Wreck Call West Houston Injury Attorney Joe Stephens Now
You are not barred from compensation just because you do not have insurance. However, there are penalties for driving uninsured. You will also need a car accident attorney to present an airtight case showing that the other driver is liable. Attorney Joe Stephens knows the ins and outs of the litigation process and can help you build a strong case to aid in your recovery.
Contact The Stephens Law Firm to begin seeking compensation for injuries in a car accident. We’ll take over fighting for your case while you recover.
The Stephens Law Firm, Car Accident Lawyers handles auto accident lawsuits across Texas, including these Houston cities.