Can I Recover Damages If I Did Not Have Insurance?

In Texas, all drivers must maintain a minimum level of liability insurance. These policies make it easier for a third party to recover damages when a policyholder or authorized driver causes injury with an automobile. A driver accused of driving without insurance faces a criminal fine between $175.00 and $350.00. A driver with a previous conviction faces a fine between $350.00 and $1,000.00. 

While Texas requires its drivers to maintain liability insurance, the failure to have insurance does not preclude a crash victim from filing a claim for damages against another driver’s liability policy. Assume that a driver who is texting crashes into another vehicle’s rear bumper. The investigating officer attributes the driver’s texting and failure to control speed as the collision’s sole contributing factors. However, the investigating officer also learns that the victim—i.e., the lead vehicle driver—does not have a valid liability insurance policy.

Since the victim is driving without insurance, the officer is likely to issue a citation for that offense. However, the victim may still file a claim against the at-fault driver’s liability policy if the victim sustains property damage or bodily injuries. The only relevant question regarding liability is who caused or contributed to the collision. Most insurance companies do not consider the victim’s failure to maintain liability insurance a contributing factor. However, some insurance companies will argue that the victim was negligent by not maintaining liability insurance even though the victim did not cause or contribute to the accident. This argument aims to reduce the claim’s value by attributing a portion of fault away from the at-fault driver onto the victim. 

As expected, this posturing can make recovering damages much more complicated than if the victim had insurance. If a negligent driver has injured you or a loved one, you have enough things to worry about. Do not let dealing with the insurance company be one of them. We deal with the insurance company so you can focus on getting your life back to normal. You have one chance to do this; make the right choice by choosing the right attorney. Call us at (956) 291-7870 or email us at contact@rdjlawyer.com for a free consultation and case evaluation.