Can I sue an uninsured driver in Texas?
Asked by: Charity McClure DDS | Last update: September 25, 2023Score: 4.3/5 (44 votes)
If a driver who hit me doesn't have insurance, can I sue them? In Texas, you can sue a driver who causes an accident without having liability insurance. However, even while this is possible, it's not always your best course of action. In certain cases, you may have to file a claim in small claims court.
What happens if an uninsured driver hits me in Texas?
Further, the financial consequences of such a collision are very real, and you may be left footing the bill. Typically, if you are hit by an uninsured motorist in Texas, the claim would actually be processed through your insurance policy, provided you have uninsured motorist coverage.
Do insurance companies go after uninsured drivers Texas?
Insurance companies go after uninsured drivers, but not always. When an insurance company sues an uninsured or underinsured driver for damages, it's known as subrogation. Subrogation allows the insurance company to recover the amount they paid you to cover your claims.
Will insurance cover an unlicensed driver Texas?
If an unlicensed driver causes an accident, you can't file a claim with their insurance company for compensation for your repairs or injuries. You either have to use your own uninsured motorist coverage or file a lawsuit to recover compensation directly from the at-fault driver.
Is uninsured motorist insurance required by law in Texas?
Uninsured and Underinsured Motorist Coverage is Optional
Yet, it's also vital. When you purchase car insurance in Texas, your insurance company is required to offer you uninsured and underinsured motorist coverage. If you wish to reject this policy, you must do so in writing.
Can I sue an uninsured driver?
What is the penalty for uninsured motorist in Texas?
You're required to carry car insurance while driving in Texas. If you don't have auto insurance, you could get a fine of up to $1,000, your vehicle impounded for up to 180 days and your driving privileges suspended for up to two years.
What is the statute of limitations for uninsured motorist claim in Texas?
Its is also important to note that the statute of limitations in Texas to file an uninsured or under insured motorist claim is 4 years because this claim is technically a breach of contract claim, which has a longer statute of limitations.
What happens if an unlicensed driver gets in an accident in Texas?
If you cause an accident while driving without a license in Texas, the police will likely issue a citation for the violation while investigating the crash scene. But the criminal penalties you may face for driving without a license do not necessarily protect you from civil liability if you cause a crash.
What happens if an unlicensed driver has an accident with my car in Texas?
Unlicensed Drivers and Liability
According to Texas law, the status of your driver's license doesn't affect the determination of fault when you're involved in a car accident. As such, car accidents involving an unlicensed driver will be handled just like any other accident.
Is Texas a no fault state?
No, Texas is not ano-fault state for auto insurance. Texas is an "at-fault" or "tort" state, which means the person who is at fault for a car accident is responsible for paying for other people's injuries and property damage resulting from the accident.
What happens if I'm hit by an uninsured driver?
An uninsured driver promise is included in a typical comprehensive insurance policy to cover you for any accident involving a driver without insurance. This will ensure that your excess fee is reimbursed and your no-claims are reinstated after a claim.
How many uninsured drivers are in Texas?
According to the Texas Department of Transportation, approximately 80% of drivers in Texas carry at least the minimum amount of coverage. However, 20% or one-fifth of the driving population does not carry insurance. Meaning there are over 3,000,000 individuals in the state of Texas driving with no insurance.
Will my insurance go up if someone hits me Texas?
It depends on your insurance company. However, they really shouldn't increase your rates. Most companies have a policy that won't penalize a driver for damages caused by another driver.
Is driving without insurance a felony in Texas?
Is Driving Without Insurance a Misdemeanor in Texas? Yes, driving without insurance is a misdemeanor in Texas, but you will not be arrested. While you may not face jail time, the previously mentioned fines, fees, and hassles are more than enough incentive to remain within the legal requirements of the road.
Can I sue for more than the defendant's insurance policy limits in Texas?
When the policy limits in compensation are exceeded, Texas law permits a victim to pursue the personal assets of the person responsible. However, judgments can only be collected on non-exempt assets like vacation homes, second properties, and extra cars.
Does insurance follow the driver in Texas?
In general, auto insurance follows the car instead of the driver. Still, the specifics of a claim can differ since insurance laws and coverage vary depending on the policy you have selected.
Can a passenger sue a not at fault driver in Texas?
Like other drivers and passengers, however, those riding with the problematic driver may also have been harmed by negligence without being at fault for the accident. Hence, they are eligible to sue for damages.
How long do accidents stay on your driving record in Texas?
In Texas, car accidents on a driving record stay there for five years. If you were in a car accident, you might have also received a ticket. Tickets on your Texas driving record can affect your driver's license points, driving privileges, and car insurance rates.
Is driving without a license a crime in Texas?
Anyone that can obtain a driver's license should know that it's illegal to operate a vehicle without one; unfortunately, that doesn't stop people from breaking the law. In Texas, residents who are caught driving without a valid license for the first time can face a fine of up to $200.
Is it a violation to drive in Texas without a Texas license?
Driving without a license is a crime in Texas. This means you could face a criminal conviction, an arrest and even jail time. Under state law, your driver's license must be legally authorized, valid, up-to-date and the correct class for the vehicle you drive.
How much is a unlicensed driver ticket in Texas?
If this is the first time you have been stopped for driving without a license, you will be fined $200. A second offense will score you a more significant fine. And if you have a third offense. If you have a third offense, you can expect $500 in fines and possibly six months in prison.
How do I report an unlicensed driver in Texas?
You should call the non-emergency police line in your area to report the driver. Here are some additional ways to report someone driving without a license: File an anonymous tip at WeTip.com or call 800-78-CRIME. Information will be sent to law enforcement in your area.
How long do you have to file an insurance claim after an accident in Texas?
You should not wait long to report a car accident in Texas to your insurance company. You may generally have 30 days to file a claim with your insurer. This deadline may be different for each insurance policy. Checking your insurance policy is the clearest way to understand the filing deadline.
What is Texas negligence law?
Texas uses a modified form of comparative negligence (also known as "proportionate responsibility" in Texas). This means that if you are found partially at fault for the injury, then your damages can be reduced. Contributory Negligence-Limit to Plaintiff's Recovery.
Is there a time limit on insurance claims Texas?
How Long After an Accident Can You File an Insurance Claim? In Texas, the statute of limitations for filing insurance claims after car accidents is the same for personal injury claims in Texas, which is 2 years. This 2 year clock starts counting down on the day of your accident.