If you get into a car accident with no insurance in Texas, the police officer might issue you a ticket and have your car towed. They could even impound your car, causing you to pay a fee and show proof of insurance to get your car back.
If you didn’t cause the accident or were only partially responsible, you still might have the option to seek a financial recovery for your damages. A personal injury attorney at our firm can review your case and help you determine your legal options.
Most people in an accident and have no insurance will most likely receive a ticket from the police and have to pay a fine. The state could also suspend your license if you are a repeat offender.
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You may also face other charges associated with the accident, if you were at fault or contributed to the incident, no matter if you have insurance or not. In most cases, these offenses should only be minor traffic violations.
For example, you might get a ticket and have to pay a fine for failure to yield, if you turned left in front of oncoming traffic. You might get a similar ticket if you ran a red light or were speeding.
In addition, you can most likely expect your insurance rates to increase when you apply for coverage. Even a first offense will cause the price of auto liability coverage to go up in many cases.
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The Texas Department of Insurance states that a financial responsibility law requires all drivers to carry a minimum amount of auto liability insurance. It covers medical bills and vehicle repairs that the other party sustains in an accident. Such limits are:
Many companies offer low-cost policies to help motorists get and maintain this amount of liability coverage. Financially, it makes more sense to pay for insurance than deal with the cost of a ticket and the additional fees related to driving without insurance.
Texas has a fault-based auto insurance system, meaning the victim of an accident can hold the person who caused it liable for losses. After an accident, the injured parties can generally file a claim against the at-fault driver’s liability insurance policy. The insurance company would then pay out to cover the claimant’s damages.
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If you do not have auto insurance to cover accident victims, you may face a personal injury lawsuit. Accident victims have the right to hold you responsible for their financial losses. If they choose, they can take you to court.
Not carrying auto insurance can also pose a problem if the other driver caused the accident. A lack of insurance does not make you liable for the wreck. However, you can expect the insurance company and the at-fault driver to say you acted negligently, and without regard to your legal responsibilities. This accusation could reduce your payout in some situations.
The aftermath of getting into a car accident without having insurance can be very stressful. As mentioned, the other party’s insurer might try to blame you for the collision even if you didn’t cause it. It’s difficult to go up against them by yourself. One of our lawyers can step in and fight for you, though.
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If you have questions about getting the financial recovery you deserve after a Texas car accident, the team from D. Miller & Associates, PLLC™, can help. Since 2002, we have offered support and guidance to our clients. Now, we want to help you and explain the strength of your case against the at-fault driver.Home » Frequently Asked Questions » Car Accidents » What if You’re in a Car Accident with No Insurance, But You Are Not at Fault?
If you were in an accident and did not have insurance, fault still matters. If the other driver caused the crash, you can likely still recover compensation for your damages. However, you will also face the consequences for not carrying the mandatory auto liability coverage in your state.
Some states, including Louisiana, may limit your financial recovery due to the penalties you face. You can still seek and recover compensation, but you will not receive the documented value of your case.
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Even if you did not cause your traffic collision, you will likely still face consequences related to breaking the law. Depending on your state, this could include paying a fine, having your license suspended, or other penalties.
The penalties you could receive for driving without liability insurance get more intense with repeated offenses. For a first offense, examples of the consequences you could face include:
According to the Alabama Department of Revenue, a violation of the state’s Mandatory Liability Insurance law could cost you up to $500 for a first conviction. A second conviction could double the fine and include a driver’s license suspension, as well.
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Under Ark. Code Ann. § 27-22-103 , the fine for not having insurance or a certificate of self-insurance is between $50 and $250.
According to the Louisiana Department of Insurance (LDI) , the fines for not having auto liability insurance in the required coverage amounts fall between $500 and $1, 000. Additional penalties could include a driver’s license suspension, impounding your vehicle, revoking the car registration, or pulling the license plates.
According to the Mississippi Insurance Department (MID), you could face a fine of up to $1, 000. In addition, a one-year driver’s license suspension is possible.
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If you caused an accident but do not have liability insurance, you may be liable for the damages any victims suffered out of your own pocket. This could cost you thousands of dollars, and the court could seize your assets to pay the claimant. It is never worth it to drive without auto liability coverage.
The fees you will face because of the criminal penalties will be a small fraction of the damages paid in a civil case. This is true even when the injuries and damages are relatively minor.
If you have concerns about facing a driver’s license suspension, fines, or other penalties following a crash where a police officer cited you for not having the required insurance, you may want to speak to a criminal attorney.
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Your personal injury lawyer can offer some general advice based on their experience in this area. Still, they will not be able to represent you and fight these charges in criminal court in most cases.
Some states penalize drivers who do not carry the mandatory auto liability insurance when they seek compensation for an accident that another driver caused. For example, Louisiana has a “No Pay, No Play” law. This law prevents uninsured drivers from recovering the full value of their claim in any collision. The limits in Louisiana prohibit these drivers from getting:
If this type of law applies in your case, your personal injury attorney can explain how it will affect your financial recovery and if there is anything you can do to counter it.
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You can talk with our car accident law firm about your case today for free. We will explain your options for compensation based on your state’s laws related to uninsured drivers. We may also be able to file an auto liability insurance claim based on the at-fault driver’s policy and secure a financial recovery or sue the driver and ask the judge and jury to award just compensation.
You can talk to us for free today to learn more about how an attorney with our firm can guide you in exploring your legal options. A lawyer serving one of our 15 locations across the Gulf South may be able to help you. We handle claims for drivers in Louisiana, Alabama, Arkansas, and Mississippi.Car accidents happen every day and more than three million people get injured in those crashes every year. An astounding two million of those car accident victims suffer permanent injuries that will pain them for the rest of their lives. The sooner you can settle your car accident claim, the sooner you can start focusing on your recovery.
However, if you’re like most people, you’re likely wondering if hiring a car accident attorney is really necessary. Here’s how to settle a car accident claim without a lawyer so you can make the best decision for your needs and your finances.
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Before you can start working toward a settlement, you need to make sure you have a clear idea of the damages you suffered. This goes beyond the physical damages done to your vehicle and any injuries you suffered. Total up the expenses you’ve incurred since your accident happened. Include everything from car repairs and medical expenses to income lost from missing work.
You may also be able to add future expenses to your total list of damages. For example, if your injuries prevent you from working in your regular job for several years, make a note of it. You may be able to add those future lost wages to your total damages.
Keep in mind that calculating the exact total of your damages can be difficult. You need to think about every possible expense you could have so you can get the largest settlement possible. There’s no harm in overdemanding at first as long as you’re prepared to negotiate the settlement amount.
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