I don’t have auto insurance. What happens if I get in a car accident?

If you are involved in a car accident in Texas and do not have auto insurance, you could face significant problems. If you caused the accident, it could cost you a lot of money.

Texas is an At-Fault State for Auto Accidents

In some states, after an auto accident, each driver’s insurance pays for their own injuries and property damage. It doesn’t matter who caused the accident. These are known as “no-fault” states.

Texas is an “at-fault” state. That means drivers in Texas must pay for the damage they cause. If you don’t have the right insurance, you could end up spending a lot of money.

First Party and Third Party Claims for Auto Accidents Under Texas Law

Drivers, passengers and bystanders who are hurt during an auto accident can file a claim with their own insurance company to receive money.

They can also file a claim with your insurance company to collect money. This is called a third party claim. The insurance company is called the “second party.”

Civil Liability in Texas for Driving Without Valid Insurance

If you are at fault and you don’t have insurance driving in Texas

If you cause an accident while driving without auto insurance, you may have to pay for all of the damages yourself. This can quickly add up. You would have to pay for:

  • Any medical costs and car repairs for the other driver
  • Medical costs and noneconomic damages (pain and suffering) to passengers in the other car
  • Medical costs and noneconomic damages to pedestrians or bystanders to the accident
  • Damages to your own passengers
  • Your own medical and car repair costs.

If the other driver is at fault and you don’t have insurance driving in Texas

Even if the other driver is partly at fault, you might have to pay for their damages.

Texas has what is called a “modified comparative negligence law.” This means that even if the other driver contributed to the accident, as long as the other driver is not mostly at fault (less than 51%), you may owe them money for their injuries and property damage.

It’s not a good idea to drive without insurance. Accidents happen when you least expect them.

But if you have been in an accident and don’t have insurance, contact Justinian & Associates for a free consultation. There is never any fee or obligation.

One of our seasoned Texas personal injury attorneys (not a paralegal) will listen to your case. We will explain your options under Texas law, with absolutely no obligation.