I caused a crash and I don't have insurance. What happens in Texas?

This page is for the driver who may have caused a crash and had no insurance. If the other driver caused it and you are the one without insurance, read I don't have a license or insurance. Can I still make a claim?

What happens if I crash and don't have insurance?

Three separate things can follow: a ticket for driving without insurance, steps by the Texas Department of Public Safety (DPS) against your license and registration, and claims by the people who were hurt or whose cars were damaged. A fourth question matters just as much, and people skip it: whether the crash was really all your fault.

The ticket for driving without insurance

Texas requires every driver to have financial responsibility for the vehicle, almost always a liability policy of at least 30/60/25 (Transportation Code §§ 601.051, 601.072). You must show proof to an officer and to anyone involved in a crash with you (§ 601.053).

Driving without it is a misdemeanor punished by a fine under § 601.191:

• First offense: $175 to $350. A judge can go below $175 if you can't afford it.
• After a prior conviction: $350 to $1,000.
• Second or later conviction: DPS suspends your license unless you keep proof of insurance on file for two years (§ 601.231), and if you own the car, the court orders it impounded for 180 days, with a $15-a-day fee (§§ 601.261–601.263).

The old Driver Responsibility Program surcharges ended on September 1, 2019, so there is no extra yearly surcharge anymore. Tickets are handled in traffic court; we don't handle them.

Can DPS suspend my license after the crash?

Yes, under a part of the law called security following collision (§§ 601.151–601.170). It applies to a crash in Texas that causes injury, death, or at least $1,000 in damage to one person's property. If the owner and driver had no insurance, DPS reviews the crash report and any sworn statements, and if it finds a reasonable probability that a court would rule against you, it can suspend your driver license and vehicle registrations unless you deposit security. The amount is at least $1,000 and no more than the 30/60/25 limits.

You get a notice first, and you have 20 days to ask for a hearing before a municipal judge or justice of the peace. A suspension ends when you post the security and file proof of insurance, when you get a release or a final ruling that you are not liable, under a payment agreement, or two years after the crash if no one has sued. It does not apply if your car was legally parked or legally stopped at a traffic signal. If a DPS letter arrives, don't set it aside; the deadline is short.

Can the other driver come after me personally?

Yes. Without a policy, there is no insurance company to pay the claim or defend you. The people hurt can make a claim against you directly, and they generally have two years to sue (Civil Practice and Remedies Code § 16.003).

Many will claim through their own uninsured motorist coverage instead. Texas insurers must include it in every auto policy unless the customer rejected it in writing (Insurance Code § 1952.101), and it pays what the customer is legally entitled to recover from an uninsured driver. Texas auto policies generally give the insurer the right, after it pays, to recover that money from the person responsible. That is called subrogation, and it is why someone who hit an insured car can hear from that car's insurance company months later.

If a court enters a judgment against you and it is not paid within 60 days, the court clerk can send it to DPS, which suspends your license and registrations until the judgment is paid or stayed and you file proof of insurance. A court can allow payment in installments, and keeping up with them stops the suspension (§§ 601.331–601.336). If you are served with a lawsuit, don't ignore it. Get a lawyer who defends those cases right away. Suerken Law represents injured people; we don't defend property damage or injury claims against drivers.

Were you really uninsured?

Check before you assume. Texas requires an owner's policy to cover anyone driving the car with the owner's express or implied permission (§ 601.076). If you were driving a relative's or friend's car with permission, their policy may cover you; see someone borrowed my car and crashed. If you were driving for work, your employer's coverage may apply: see a car crash while driving for work.

Are you sure the crash was your fault?

Insurance and fault are two different questions. Who had insurance says nothing about who caused the crash. Fault is decided by the evidence: the damage to the cars, the scene, video, witnesses and the drivers' speed and actions. An officer's opinion in the crash report matters, but it is not the final word; see the police report says I was at fault.

Many crashes have more than one cause. You turned left, but the other driver was speeding. You pulled out, but the other driver was looking at a phone or had no lights on at night. Texas uses proportionate responsibility (Civil Practice and Remedies Code chapter 33): a jury assigns each driver a percentage of fault, you can recover if you were not more than 50% responsible (§ 33.001), and your damages are reduced by your share (§ 33.012). Having no insurance does not by itself stop you from claiming against a driver who shared the blame. See what if the accident was partly my fault?

What about the people in my car?

Passengers are almost never at fault. A passenger hurt in your car may have a claim against the other driver if that driver shared the blame, and some have coverage of their own. See passenger injury claims in Texas. If a passenger may have a claim against you, they will need their own lawyer; one firm can't represent both sides.

What we do if you were hurt

Suerken Law is a personal-injury firm. We represent people who were hurt. If you were injured and another driver shares the blame, we get the crash report, the video and the witnesses, and we build the case on how the crash actually happened. Once you hire us, we handle every conversation with the insurance companies about your injury claim.

Your right to compensation in Texas does not depend on your immigration status, and we never ask about it to help you. You talk with Jimmy directly, in English or Spanish, by phone, text, email or video call, and in person when needed, wherever you are in Texas.

Other ways people ask this

I hit an insured car and I don't have insurance. What happens?

The other driver can claim against you directly or through their own policy. If their insurer pays, it can then try to recover that money from you. DPS can also act against your license and registration if the crash caused injury or at least $1,000 in damage.

How much is the ticket for no insurance in Texas?

$175 to $350 for a first offense, and $350 to $1,000 after a prior conviction, under Transportation Code § 601.191. A judge can reduce a first-offense fine if you can't afford it.

Can I go to jail for driving without insurance in Texas?

The offense in § 601.191 is punished by a fine. A second or later conviction also brings a license suspension unless you keep proof of insurance on file, and the court orders your car impounded for 180 days if you own it.

Can they take my license if I can't pay a judgment?

Yes. A judgment unpaid after 60 days can be sent to DPS, which suspends your license and registrations until it is paid or stayed. A court can allow installment payments, and keeping up with them prevents the suspension.

How long does the other driver have to sue me?

Generally two years from the crash, for both injuries and property damage, under Civil Practice and Remedies Code § 16.003.

I was hurt too. Can I make a claim if I had no insurance?

Yes, against any driver who shared the blame, as long as you were not more than 50% at fault. Your recovery is reduced by your share. Having no insurance doesn't decide fault.

The police report says it was my fault. Is that final?

No. The officer's opinion is evidence, not a verdict. Video, witnesses and the damage to the cars can show the other driver shared the blame.

Authority: Tex. Transp. Code ch. 601 (§§ 601.051, 601.053, 601.072, 601.076, 601.151–.170, 601.191, 601.231, 601.261–.263, 601.331–.336) · Tex. Transp. Code § 601.191 · Texas DPS: Driver Responsibility Program repealed · Tex. Ins. Code § 1952.101 (uninsured motorist coverage) · Tex. Civ. Prac. & Rem. Code ch. 33 (proportionate responsibility) · Tex. Civ. Prac. & Rem. Code § 16.003