Delaney Simchuk, Car Insurance Writer
@delaney_simchuk
The penalties for driving without insurance in Texas can include fines up to $350, fines and high-risk insurance requirements. Penalties for repeat offenses may be even harsher, including fines up to $1,000.
Penalties for Driving Without Insurance in Texas
Type of Offense | License and/or Registration Suspended? | Car Impounded? | Jail Time? | SR-22 Required? | Maximum Fines & Fees |
No Proof of Insurance (Can Prove Coverage Later) | No | No | No | No | Dismissed with proof |
1st Offense With No Coverage | No | No | No | Yes | $175-$350, plus an annual penalty of $250 for three years |
Repeat Offense (No Coverage) | Yes, both | Yes | No | Yes | $350-$1,000 + $250 surcharge annually for three years |
Not having car insurance and not being able to prove that you have it are two different violations. If you have insurance but cannot prove it when you get pulled over or at the scene of an accident, you are guilty of an "administrative violation", similar to a seat-belt ticket. In Texas, your citation might be dismissed if you can provide the court with proof of valid insurance for the date of the citation on or before your court date.
Driving without car insurance at all is much more serious, and the penalties are more severe. In addition to the legal consequences, you can also expect your car insurance premium to go up.
You can avoid these consequences by meeting Texas' minimum car insurance requirements.
Required Car Insurance in Texas
- $30,000 in bodily injury liability coverage per person
- $60,000 in bodily injury liability coverage per accident
- $25,000 in property damage liability coverage per accident
The key to maintaining the minimum amount of coverage required by Texas is to find a policy you can afford. If your coverage has already lapsed, start by comparing quotes from the insurance companies WalletHub's analysis identified as having the best post-lapse rates.
Best Car Insurance in Texas After a Lapse in Coverage
Drivers in Texas pay an average of $1,689 per year to maintain the minimum amount of coverage. That's nothing compared to the consequences of driving without insurance, especially if you get into an accident.
What Happens If You Get Into a Car Accident Without Insurance in Texas?
1. If you get into an accident: all penalties will apply.
If you get into an accident while driving without insurance in Texas, you will incur the penalties for driving without insurance no matter who is at fault. Driving uninsured can make it difficult to be compensated for damages if you are not at fault and can have long-lasting and life-changing consequences if you are at fault.
2. If the accident is your fault: you'll have to pay for all the damages out of your own pocket.
In addition to the legal consequences of driving without insurance, you could easily be responsible for tens of thousands of dollars or more in damages to your vehicle, the other driver's car repairs and hospital bills, and your own medical care. You could face mounting debt or even bankruptcy, especially if the other driver doesn't carry uninsured motorist coverage or personal injury protection.
3. Even if you were not at fault or only partially at fault, there will be other consequences.
Driving uninsured doesn't negate the other driver's fault entirely, but you're almost certainly going to be penalized and unable to recover everything you would be entitled to if you had insurance. In at-fault states such as Texas, the driver who caused the accident is usually responsible for damage to your car and any medical treatment you may need. However, Texas uses a modified comparative negligence system, which means you may not be able to recover all the costs associated with the accident if you are found even partially responsible for causing it. This would leave you to cover these costs out of pocket if you were uninsured at the time.
Merrill Burchell, Car Insurance Writer
@merrill_burchell
The penalty for driving without insurance in Texas can be severe, starting with a first-offense fine of $175 to $350 and increased insurance premiums. If you’re caught driving without insurance in Texas more than once, you’ll have to pay fines between $350 and $1,000. Your car might be impounded, too. In that case, you will have to pay impound fees of up to $20 per day for up to 180 days, or until you can obtain insurance and your car’s release. The maximum impound cost could add up to $3,600.
However, the worst penalties apply if you drive without insurance and are responsible for an accident. You will be required to file an SR-22 form for two years after the accident, and your vehicle registration and license will automatically be suspended for up to two years. Additionally, you could be held personally liable for all physical injuries and property damage resulting from the accident.
This is especially important information to have because if you get stopped by a police officer in Texas, your insurance status will be checked. The state funds a program called TexasSure that enables police officers to perform electronic verification of insurance. All insurance companies in the state submit customer policy information to this program.
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