What Happens If the At-Fault Driver Has No Insurance in Texas?

As a responsible driver, you take great care to navigate the roads responsibly and take every precaution to avoid accidents. However, no matter how safely you drive, it is impossible to account for the actions of other drivers. Accidents on Texas roads often lead to severe injuries that require long hospital stays and ongoing medical care. You may be out of work for weeks or months, and on top of it all, medical bills are piling up, and your car is destroyed. 

When Texas drivers are properly insured, accident victims can file a claim on the at-fault driver’s insurance policy. When the at-fault driver has no insurance, you can be left paying out of pocket. 

Texas Minimum Insurance Requirements 

It is against the law to drive without insurance in Texas. Motorists are required to have an active insurance policy that meets the state minimum liability requirements. All drivers are required to meet the following liability limits.

  • $30,000 liability coverage for bodily injuries per person
  • $60,000 bodily liability per accident
  • $25,000 for property damage

Liability coverage is designed to pay for damages to others in an accident you cause. It does not cover your or your passengers’ injuries or damage to your vehicle. Drivers can also choose to invest in optional coverages that include collision, comprehensive, personal injury protection, uninsured/underinsured motorist coverage, and more. 

Liability in an Uninsured Driver Accident

Texas is an at-fault insurance state, which means that drivers involved in an accident can usually file a claim with the at-fault driver’s insurance company. However, if a driver doesn’t have insurance or the damages caused by the accident exceed their policy limits, a valid claim cannot be filed. After proving an uninsured driver’s negligence caused the accident, victims can seek compensation in the following ways.

  • Filing a claim with their own insurance company
  • Filing a claim with their health insurance or personal injury protection policy
  • Filing a lawsuit

If you don’t have uninsured motorist coverage or personal injury protection, damages may exceed the limits of your policy. This can mean you still have to pay out of pocket unless you file a lawsuit against the at-fault driver. 

How Uninsured Motorist Coverage Works

Uninsured/underinsured motorist (UM/UIM) coverage is an optional policy you can add to your auto insurance for extra protection. The coverage is used when you are hit by an uninsured driver or a driver who flees the scene (hit and run). Uninsured motorist coverage can be used to pay for:

  • Vehicle repairs
  • Medical expenses
  • Car rental
  • Diminished value of the vehicle
  • Pain and suffering

Typically, an uninsured motorist policy also covers underinsured drivers. When an at-fault driver’s policy limit fails to cover damages caused by the accident, you can file a claim with your insurer to collect the remainder from your UM/UIM policy. 

Get Assistance – Contact The Woods Law Firm

Learning that your accident was caused by an uninsured driver can be a devastating blow when you are suffering from severe injuries or your car was destroyed. However, you are still entitled to compensation for your injuries and other damages. Proving negligence is the first step to getting compensation for damages in a car accident that wasn’t your fault. Regardless of your own insurance coverage, your pursuit of compensation may be challenging. If you or a loved one has been injured in an accident caused by someone else’s negligence, obtaining legal counsel is in your best interest.

 The car accident attorneys at Woods Law Firm are dedicated to protecting the rights and interests of personal injury victims in Texas. We can assess your case, help you gather evidence, and explain your legal options for pursuing compensation for damages. Contact us today to schedule your free case evaluation.