Getting compensation after a car accident is rarely straightforward, but it becomes even more challenging when the at-fault driver doesn’t have insurance.
Typically, resolving motor vehicle accidents involves filing claims with insurance companies, negotiating payouts, and sometimes pursuing legal action. But with an uninsured driver being at fault, you’ll need to explore alternative strategies.
The smartest first step?
Consult with a personal injury attorney. They can look at your case, explain your options, and guide you towards your best options. (You can even book a free consultation with us here.)
In this article, we'll break down what happens if an uninsured driver is at fault in a Texas accident. You’ll also learn about potential payout avenues and whether suing an uninsured motorist is a practical solution.
What Happens if the Person At Fault in An Accident Has No Insurance in Texas
Texas follows an at-fault system, where the driver at-fault should cover damages and injuries through their insurance or personal assets. (This is in contrast to a no-fault state, where you’d be covered by no-fault insurance, regardless of who caused the accident.)
First-time offenders caught driving without insurance can face fines ranging from $175 to $350, a $250 annual surcharge for three years, and even the impoundment of their vehicle.
For repeat offenses, fines can run up to $1,000 and the potential suspension of the driver’s license.
Despite these heavy penalties, around 20% of motorists in the state drive without car insurance — according to the Texas Department of Motor Vehicles. This creates a serious challenge, as uninsured motorists won’t have the liability insurance necessary to compensate people they may injure in car accidents.
Just because you got in an accident with an uninsured driver, it doesn’t necessarily mean you are without options to have your damages compensated.
We’d recommend consulting with a lawyer to fully explore what’s possible and decide the best course of action. They will typically look at three potential avenues:
1. Claim Your Own Insurance
You can file a claim with your own auto insurance company if you have any of the following coverages:
- Uninsured Motorist Coverage: This coverage helps pay for personal, property, and medical damages if you're involved in an accident with an uninsured driver.
- Collision Insurance Coverage: This insurance covers damage to your vehicle in an ordinary car accident or even a one-car accident, regardless of fault. Collision coverage has a deductible and doesn’t cover medical bills or damage to another driver’s car.
- Personal Injury Protection (PIP) Coverage: This coverage provides immediate financial support for medical expenses, lost wages, and other costs resulting from an accident, regardless of fault.
Important: In Texas, most insurance companies require you to report an accident with an uninsured driver in 30 days. The reporting deadline might differ on your insurance policy, so you should check it to be clear.
2. File a Claim Against a Third Party
If the at-fault driver was driving someone else’s car, the vehicle's owner could be liable under negligent entrustment, especially if they knowingly allowed an uninsured driver to use their car.
Similarly, if the uninsured driver was driving a company-owned vehicle, the employer could be held responsible under vicarious liability. That’s because employers are often accountable for their employees’ actions while on the job.
Having a car accident lawyer manage your case ensures details like this are handled correctly in your claim, giving you the best chance of securing fair compensation, whether you settle in or out of court.
3. Sue the Uninsured Driver
In Texas, you can file a personal injury lawsuit against an uninsured driver to recover damages for medical bills, property damage, and other losses. The statute of limitations for filing such claims is four years, as these cases are classified as contractual disputes in Texas rather than a personal injury claim (where the statute of limitations is 2 years).
This option isn’t always worth pursuing, though. You should consult with your lawyer to determine whether it would be worthwhile.
Let’s find out why.
Yes, you can, but that doesn’t mean you should.
Suing an uninsured driver might not be worth the trouble. Even if you win the case, collecting the compensation can be difficult if the defendant has no income or assets to seize. There’s a high chance the defendant didn't have liability insurance because they couldn't afford it in the first place.
That’s why you need an expert car accident lawyer in your corner. They can evaluate the at-fault driver’s financial situation and explore alternative ways to secure compensation, even when traditional insurance options aren’t available.
You can contact No Bull Law to get advice from an experienced lawyer and make the right decision.
Next, let’s explore the different ways you can foolproof your claim.
What Steps Should You Take After an Accident with an Uninsured Driver?
After an accident, ensure you take these steps to protect your legal rights and claim:
- Report the auto accident to the police: The police report serves as an official record of the incident. This ensures proper documentation, which is often required to move forward with your insurance claim or any potential legal action.
- Seek medical attention: Prompt treatment is essential not only for your recovery but also to support your claim for compensation for medical expenses.
- Contact your insurance provider: Inform your insurance company that the at-fault driver was uninsured or underinsured and initiate a claim under your insurance policy if applicable.
- File a complaint with the Texas Department of Public Safety (DPS): File a report with the Department of Public Safety to hold Texas drivers without car insurance accountable and help prevent future car accidents. The DPS may also assist you in recovering losses from motor vehicle accidents.
- Get an auto accident lawyer: You can book a free No Bull Law consultation to understand your legal rights and options. A lawyer can guide you through filing claims, exploring recovery options, and deciding your next steps.
Why You Need a Lawyer for a Texas Car Accident Involving an Uninsured Driver
Dealing with the legal maze after a car accident is filled with financial uncertainties and complex insurance rules.
A lawyer brings expertise that ensures your claim is fair, thorough, and backed by solid evidence.
They can help:
- Take the Burden Off Your Shoulders: Dealing with a case involving an uninsured driver can be more stressful and overwhelming than usual, as their lack of insurance coverage means one payout avenue is closed. A lawyer helps alleviate the stress. They’ll take care of everything for you — from gathering evidence to negotiating with your insurance company
- Explore All Compensation Avenues: If the uninsured driver can’t pay, a lawyer can help you explore other options, like using your uninsured motorist insurance or personal injury protection coverage or setting up wage garnishment to recover your losses.
- Ensure Accurate and Fair Claims: A lawyer ensures your claim is neither undervalued nor inflated. They have the experience to sidestep mistakes that could hurt your case. They also have the means to thoroughly investigate the accident, gathering evidence like police reports, road conditions, and witness statements to build a strong, fair claim.
Insurance companies often try to limit payouts, particularly in uninsured motorist cases. Having a lawyer by your side can help you secure up to 3 - 3.5 times more compensation than handling negotiations alone.
- Represent You in Court (If Needed): A lawyer can determine whether it's worth taking the uninsured driver to court, and if so, present a strong argument backed by evidence like expert testimony.
Here’s the best part:
Personal injury lawyers typically work on a contingency basis, so you don’t have to pay a dime unless they win your case!
So, what’s stopping you?
Book a free case evaluation with No Bull Law. Our skilled lawyers have unmatched expertise and a commitment to fight for your rights.
3 FAQs About Accidents with an Uninsured Driver
Here are the answers to some common questions you might have about accidents involving uninsured drivers:
The uninsured at-fault driver will typically be responsible for their own medical expenses.
In Texas, however, if the uninsured driver is only partially at fault for the accident, they may be eligible to receive compensation for their injuries under the state’s comparative fault rule.
Texas law allows an injured party to recover damages as long as they are 50% or less at fault for the accident. The compensation they receive will be reduced by their percentage of fault. For example:
- If they are found 30% at fault, they can still recover 70% of their total damages.
- If they are found 51% or more at fault, they cannot recover any damages.
2. Is Uninsured Motorist Coverage Mandatory in Texas?
Texas Insurance companies are required to offer UM/UIM coverage when you purchase auto insurance. If you choose not to have it, you must decline it in writing.
3. Can You Settle Directly With an Uninsured Driver in Texas?
While not recommended, you can negotiate directly with the uninsured driver for damages. However, this method carries risks, such as lack of payment or inadequate compensation. Legal agreements should be documented to protect your rights.
Secure Your Car Accident Settlement with No Bull Law
Getting into an accident with an uninsured driver is more than frustrating — it’s a legal and financial headache. From chasing down compensation to navigating complex insurance claims, the process can quickly spiral out of control.
That’s why having a lawyer in your corner makes all the difference. They’ll handle the tough stuff, explore every option for recovery, and ensure you get justice and protection.
So, reach out to No Bull Law for a free consultation today, and let us fight to secure the compensation you deserve.
