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Driving without insurance is illegal throughout the United States. That’s because law enforcement expects that you’ve already accepted some financial liability in the event that you cause an accident.
Without insurance, you have not demonstrated your ability to take on any repercussions for accidents or other damage you cause on the road by paying for medical or repair bills of other individuals you may hit.
If you are caught driving without insurance in the state of Texas, there are fines and other legal ramifications. We’ll explore those below as well as the insurance you’re required to have by law before getting out on the road in any motorized vehicle.
What is the insurance requirement in Texas?
Texas is a “fault” state when it comes to driving. That means you pay for any accidents that you cause, regardless of insurance coverage. Without insurance, those expenses come out of your own pocket.
You must have proof of insurance regardless of what kind of road you drive on in Texas. Even if you stick to back country roads, you are required by law to carry proof of your ability to pay for the injury or damage you may cause others if you get in an accident.
Your insurance must be issued by a liability insurer accepted by the Texas Department of Insurance.
Standard liability insurance in Texas is known as known as “30/60/25” coverage. That means it covers:
– $25,000 for auto repair
– $30,000 for an individual medical bill
– $60,000 for treatment if a personal injury occurs during the accident
Liability insurance will also cover someone you give permission to drive your car as well as any accidents you might be in when you’re driving a rental car.
If a driver chooses not to purchase standard auto liability insurance in the state of Texas, they do have another, less traditional, option. Drivers can also provide proof that they have given a cashier’s check or formal deposit in the amount of at least $50,000 to the Department of Public Safety or a county judge to hold on to in order to cover any financial liability.
What if I don’t have proof of insurance on me?
According to Texas Transportation Code 60.053: Evidence of Financial Responsibility, all Texas drivers must be able to present a paper copy of liability insurance to a law enforcement officer when asked. Photocopies of the documents are fine, but if you only have a digital copy, you can still be asked to produce the paper copy as well.
If you do not have the actual card or certificate that proves your liability coverage, make sure you have access to the following information to give to law enforcement:
– The policy number of your coverage
– Your insurer’s name
– The make of your vehicle and its year of manufacture
– The due date for your policy renewal
– The policyholder’s name and address (if you are driving someone else’s car)
Without this information, you could be penalized for driving while uninsured since police cannot immediately prove that you have liability coverage.
Penalties for driving without insurance
If you do not have insurance, you can expect legal ramifications in the form of fines, impoundment of your vehicle, or even jail time in some cases.
First time offenders
If you are driving uninsured, you can expect a minimum fine of $175 and a maximum of $350, depending on the circumstances.
Once you are found to be an uninsured driver, you are considered “high-risk,” and any insurance you purchase after that will likely come with a higher rate. That’s why it’s important not to take the financial risk in the first place by driving uninsured.
Repeat offenders
After your first offense, the consequences of driving without insurance in the state of Texas go up dramatically.
The cost of a fine will be a minimum of $350 and could be as much as $1000 for each ticket you receive after your first infraction. Not only will you need to pay a fine, but your car could be impounded for 180 days.
If your car is impounded, you will also have to pay a daily fee for its storage of $15. In the end, that will cost $2,700 for all 180 days. In addition, you cannot retrieve your car from the impound lot until you provide evidence that you are now properly insured.
In some circumstances, you may have your vehicle’s registration as well as your driver’s license suspended in order to keep you off the road if you continue to drive in Texas without proper insurance coverage.
Driving without insurance and a collision
If you drive without insurance and are in a collision, the consequences are even greater. While the driver responsible for the collision will be accountable for car damage and bodily injuries, you will still be penalized for not having insurance even if the accident is not your fault.
Your vehicle will be impounded, and the state can suspend your license and registration for 2 years. After that, you’ll need to file a SR-22 form to get them reinstated, as well as providing proof of insurance. However, at that point, you can expect to pay a high premium for liability coverage.
If you cause a collision resulting in someone’s death or severe injury while uninsured, you can expect to pay a $4000 fine and serve up to a year in jail, depending on the circumstances.
What if I’m driving without proof of insurance but police find insurance confirmation?
If you have insurance but cannot find a way to show law enforcement proof of that insurance when asked, they will attempt to use a system called TexasSure to identify any insurance policy in your name.
However, you may still be given a ticket on the scene. If you would like to appeal that ticket because your proof of insurance has been located, you can do so later in court by pleading not guilty to the fine either in person or by letter. After that, the court will set a date for you to provide them with an official insurance certificate.
You can still expect some financial penalty for driving without proof of insurance in this case, but it’s likely you’ll get a reduced fine if you can prove you had liability coverage at the time.
The different penalties & fines in Texas for driving uninsured
Here is the full range of penalties you can expect for driving uninsured in Texas:
First Conviction Traffic Stop Penalties
– Fines: $175-350, plus an annual surcharge of $250 for three years
Second and Subsequent Conviction Traffic Stop Penalties
– Fines: $350-1,000, plus an annual surcharge of $250 for at least three years
– Impoundment: Vehicle can be impounded for 180 days
o Drivers cannot apply for release of car without evidence of financial responsibility
o You will pay a fee of $15 per day for 180 days (totaling $2,700)
First Conviction Traffic Collision Penalties
– Fines: $175-350, plus an annual surcharge of $250 for three years, plus any damages for the accident you were in if you are liable
– Impoundment: Vehicle can be impounded for 180 days
o Drivers cannot apply for the release of their car without evidence of financial responsibility
o You will pay a fee of $15 per day for 180 days (totaling $2,700)
– Driving privilege: You will need to file an SR-22 for three years after the accident
o Your vehicle registration and license will be automatically suspended for up to two years
– Liability: You will be held 100% liable for other people’s physical injuries and property damage in the accident you caused
Second and Subsequent Conviction Traffic Collision Penalties
– Fine: $350-1,000, plus an annual surcharge of $250 for at least three years, plus any damages for the accident you were in if you are liable
– Impoundment: Your vehicle can be impounded for 180 days
o Drivers cannot apply for the release of their car without evidence of financial responsibility
o You will pay a fee of $15 per day for 180 days (totaling $2,700)
– Driving privileges: You will need to file an SR-22 for three years after the accident
o Your vehicle registration and license will be automatically suspended for up to two years
– Liability: You will be held 100% liable for other people’s physical injuries and property damage in the accident you caused
Offense without a driver’s license
If you commit a traffic offence without a driver’s license in Texas, you will pay a fine of roughly $2,000. Depending on the severity of the infraction, you may also be sentenced to up to 180 days in jail.
Offense if you cause an accident with serious injuries or death
In addition to any civil litigation or criminal action, driving without insurance and a license will cost a maximum of $4,000 in fines and could land you in jail for 1 year.
Accident victims in Texas can hold uninsured drivers liable for injuries, losses, and property damage. The law requires these uninsured drivers to compensate victims or else face lawsuits. If you are found liable in court, you must be timely in your compensation or a judge can garnish wages and bank accounts or liquidate your assets in order to compensate the victims.
The costs of driving uninsured in Texas
Texans who do have insurance end up paying higher premiums just to protect themselves from uninsured drivers. TexasSure estimates that responsible drivers pay almost $900 million a year to cover costs brought on by those with no coverage.
They also estimate that nearly 20% of Texas drivers are uninsured.
What to do if you’re in an accident with an uninsured driver
Police are not always called to the scene in cases of minor accidents. Some drivers choose to exchange coverage information and deal with their insurance companies separately.
But if you find that the other driver in an accident does not have insurance, you should call the police. Not only does this help you establish how the accident was caused, but the police can deal with the uninsured driver in the appropriate way by issuing a citation. If the uninsured person is at fault, it will be important to have a police report of the incident for your own insurance company.
Once you receive a copy of the police report, you can file a claim with your own insurance provider. Some policies come with coverage for damages done by uninsured drivers.
Knowing just how many Texas drivers are operating vehicles without insurance may make it important to review your own coverage and its rules for dealing with uninsured drivers.
Protecting yourself from uninsured drivers
In Texas, car insurance companies are required to offer personal injury protection (PIP) to customers, but they are free to decline it. However, it may be worth considering this “no-fault” coverage since it often helps pay medical bills more quickly than trying to recover money from the party at fault in court. The money can also be disbursed before a decision is made about who is at fault for the accident.
In addition, optional collision coverage can pay for repairs to (or replacement of) your damaged vehicle after a car accident.
In Texas, all uninsured motorist coverage your insurance company may provide is still subject to a $250 deductible. This is the money you must pay before the insurance company covers the remaining bills up to your coverage limits.
If your insurance decides not to cover damages caused by uninsured drivers, you can file a personal injury lawsuit to recover any damages. Of course, this takes more time, and repair work or medical bills can pile up while you wait for the courts to make a decision.
Get insured in Texas
In the end, it’s not worth it to drive without insurance. Doing so will make it far more costly to get back on the road after you’re caught. And it will make obtaining insurance in the future more difficult. You may also lose income from being without a car for an extended period of time.
Your best bet is to shop around for the best rates for liability insurance that provides the minimum “30/60/25” coverage that the state of Texas requires.
