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

Car accidents are scary enough. But things get even more stressful when the at-fault driver has no insurance. You might wonder, “How will I pay for my car repairs or medical bills?” or “What are my rights?”

In Texas, many people find themselves in this situation. That’s why it’s important to understand what happens if the at-fault driver has no insurance in Texas and what steps you can take to protect yourself.

Texas Auto Insurance Requirements

Under Texas law, drivers are required to carry liability insurance to cover property damage and medical expenses if they cause an accident with another driver. According to the Texas Department of Insurance, the minimum liability coverage in Texas is:

• $30,000 for injuries per person
• $60,000 per accident for all injuries
• $25,000 for property damage

This is known as the minimum insurance or the required minimum.

Texas is an at-fault state. That means the at-fault party—the person who caused the accident is responsible for paying for the damages. That’s why liability coverage is so important. Without it, things can get complicated.

What Happens When the At-Fault Driver Has No Insurance?

So, what happens if the at-fault driver has no insurance? If the at-fault driver didn’t have insurance, this is called a no-insurance car accident. Sadly, many drivers in Texas drive without insurance. About 1 in 8 Texas drivers is uninsured.

Driving without insurance is illegal. The driver must face fines, a license suspension, and even have their car impounded.

But for you, the person injured in a car accident, this also affects how you can get compensation. You can’t just file a claim with the at-fault driver’s insurance policy, because they don’t have one.

So what can you do?

Your Legal Options After an Uninsured Driver Accident in Texas

Use Your Insurance

You can turn to your car insurance for help. If you have uninsured or underinsured motorist coverage, also called uninsured motorist coverage in Texas, it may pay for your medical bills, lost wages, and car damage.

You might also have:

• Personal Injury Protection (PIP)
• MedPay (Medical Payments Coverage)

These can help cover your medical attention and related costs, no matter who caused the crash.

This is why auto insurance with full coverage is important. It helps when the driver is uninsured or underinsured.

File a Lawsuit

Another option is to file a claim or pursue a claim against the at-fault uninsured driver. This means taking them to court. A judge could order them to pay for your personal injury and property damage.

But here’s the problem: if the driver doesn’t have car insurance, they might not have the money to pay you, even if you win.

That’s why talking to a car accident lawyer or accident attorney is helpful. They can help you explore your best path forward.

How Texas Liability Laws Affect These Situations

Under Texas liability laws, we follow something called modified comparative negligence. This means if you’re found partly at fault, your compensation could be reduced.

For example, if you were 20% at fault, you’d only get 80% of your compensation. But if you’re more than 50% at fault, you get nothing.

Understanding how Texas law requires fault to be shared is tricky. That’s why working with personal injury lawyers or car accident attorneys can protect your rights and explain the coverage in Texas. 

Why You Need a Car Accident Lawyer

Car accident cases involving uninsured drivers are hard to handle alone. A skilled car accident attorney can help you:

• Understand your rights and options
• File the right insurance claim
• Deal with tough insurance companies
• Fight for the compensation you deserve

At Austin Accident Lawyer, we offer a free consultation. We don’t charge you unless we win. We cover costs like filing fees, court reporters, and expert witnesses. If we don’t win, you owe nothing.

We even help with property damage for free—no fees at all.

A good personal injury attorney can make a big difference in your financial recovery.

Conclusion

Getting into an accident with a driver who has no insurance is scary, but you still have choices. Whether you use your own motorist insurance, file a claim, or take legal action, you can still get compensation. So, what happens if the at-fault driver has no insurance – what are your choices?

The best way to protect your rights is to talk to a car accident lawyer. If you’ve been injured in an accident, don’t wait. Schedule your free consultation today. Let us help you recover the compensation you are entitled to.