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May 1, 2020 by Greg Baumgartner
Whether you are a Texas resident or merely visiting the Lone Star State, it’s safe to say you’ll spend some time in your car. Understanding the risks of car accidents and lapsed insurance in Texas is crucial for all drivers.
Texas’s highway network contains approximately 73,000 centerline miles and around 180,000 paved interstate highways. No matter where you need to go, you’ll probably be getting into your vehicle and going for a drive.
The unfortunate reality, however, is that driving on Texas roads can be dangerous. Texas leads the nation in traffic deaths. Texas leads the nation in fatal car accidents, and serious injury crashes in the state. Going on a short drive down the street, you risk getting into an accident with another vehicle.
You’ll want to get the other driver’s insurance information if you get into an accident. After all, in Texas, all drivers must have at least the minimum required auto insurance. But what happens if the responsible driver does not have valid auto insurance? Specifically, what if they had insurance but didn’t pay their premium after receiving notice from their insurer?
In this article, we want to discuss lapsed auto insurance and car accidents in Texas. Whether you get into an accident with a driver who has lapsed insurance or you have expired insurance yourself, this article can clear up some myths and confusion around lapsed insurance.
Lapsed insurance is what you think it is. It is when there is a gap or lapse in your insurance coverage. If, for example, you haven’t paid your most recent auto insurance premiums after receiving notice from your insurance carrier, you could have lapsed insurance.
The Texas Department of Insurance (“TDI”) lays out the insurance requirements for Texas drivers. Drivers in Texas are obligated by law to prove they can pay for the damages they cause in an accident.
The TDI says that “most drivers” do this by purchasing auto liability insurance. Ultimately, however, Texas state law requires that drivers have certain minimum amounts of coverage. 18-Wheelers are required to have higher insurance limits.
So what amount of coverage is required? There are three coverage minimums summed up as 30/60/25 coverage. Under Texas law, drivers have at least $30,000 of coverage for injuries per person, up to $60,000 per accident, and $25,000 for property damage.
As you can see, 30/60/25 coverage should cover bodily injury, property damage, and the costs of others involved in the accident. The $60,000 in coverage per accident is intended to cover bodily injury when two or more people are involved in an accident you cause.
The 30/60/25 rule is the minimum coverage that Texas drivers need to have. The TDI further states that Texas drivers should consider getting more auto liability coverage. If, for instance, you get in a multi-vehicle accident or total another driver’s vehicle, your liability coverage may not be enough to cover all damages.
While liability coverage is mandatory under Texas law, you can also purchase additional types of auto coverage. You can find the full list here, but some options include collision coverage, personal injury protection (“PIP”), towing and labor coverage, and medical payments coverage.
Speaking with an experienced auto accident lawyer in Houston after an injury accident can help answer questions or concerns.
Usually, it is best to talk with a local attorney before the adjuster if injuries are involved.
Yes! Texas is a fault state for auto accident claims! This means that for a liability injury claim, one must be able to prove fault.
As you can see, the TDI explicitly says that Texas drivers must carry at least $30,000 of coverage for injuries per person, $25,000 of coverage for property damage, and $60,000 of coverage per accident. The simple truth, however, is that not every Texas driver meets these legal minimums.
One estimate is that 20% of Texas drivers are uninsured. To be clear, lapsed coverage is the same as no coverage.
If a driver gets into an accident and is at fault, he or she will face financial liabilities in two ways. The first comes from the victim (and his or her auto insurance company). The second comes from Texas itself.
Wondering what you can do if hit by a driver with no insurance?
The first group of financial liabilities comes from the victim and her insurer. If a driver has no or lapsed insurance, he or she won’t be able to avoid substantial financial liability. Simply put, these financial liabilities can be massive and stay with an at-fault driver for years (or even decades).
Like some other states, Texas is a “fault” car accident state. Texas is not a no-fault state. A fault state means that when you get into an accident in Texas, your auto insurer isn’t automatically required to pay for medical bills, lost income, and other items (irrespective of who caused the accident).
Instead, you can file a claim with your insurance company, the at-fault driver’s insurance company, or file a personal injury lawsuit in civil court.
If you get into an accident with a driver with no insurance or lapsed insurance, filing a lawsuit against the offending driver may be a tough option simply because the odds of collecting a judgment in Texas are not great.
Not to mention, you must prove fault for the accident.
For victims, the goal is to get full compensation for their injuries. Those drivers who are at fault can be held 100% liable for all physical injuries and property damages caused by their accidents. These costs can be tens of thousands of dollars (or even more).
If the driver with no insurance or lapsed insurance cannot pay the judgment in full, he or she may be on the hook for years to come. Most auto accident attorneys in Houston will not take a case without insurance coverage.
Also, drivers with no or lapsed insurance face various penalties and fines. Texas law outlines that first-time offenders will face fines ranging from $175 to $350. That isn’t all, however.
Drivers without insurance can be given a $250 surcharge on their annual driver’s license fee for three consecutive years. However, because these drivers are committing subsequent offenses, Texas can impound the driver’s vehicle or even revoke the driver’s license.
You can see why meeting the minimum auto liability coverage is essential. You can be on the hook for significant cash if you don’t. You may even lose your license if you are a repeat offender. Uninsured motorist coverage is important to have in Texas due to the large number of drivers without insurance.
But what happens if you get into an accident with someone without or has lapsed insurance? Even if you obtain a favorable judgment in Texas civil court, there is no guarantee that you will be fully compensated.
You may be “right” on the case’s merits and have no responsibility for the accident, yet you may feel unsatisfied or extremely frustrated due to a small recovery.
Or worse, the inability to collect money from the defendant. For these reasons, most auto accident attorneys in Houston do not handle car crash cases without insurance coverage to pay the damages.
Luckily, there is a solution. You can purchase uninsured motorist coverage. Uninsured or underinsured motorist coverage provides additional protection if you get into an accident with someone with no insurance or insufficient insurance.
You can also check your auto policy to see if you have PIP or Med Pay coverage that can provide benefits after an accident. This type of coverage is also applicable if you are the victim of a hit-and-run accident.
This type of coverage isn’t explicitly required under Texas law. However, insurance companies in our state have to offer this kind of coverage to their customers. As the TDI states, insured individuals need to tell their insurance companies (in writing) that they don’t want this type of coverage.
This automatic opt-in to underinsured and uninsured coverage is encouraging, especially if you explicitly forget to request this coverage when speaking with your insurer. Nonetheless, it is always worth your time to double-check. It’s better to take those few seconds to follow up rather than encounter a nasty surprise in the future.
Getting into an auto accident can be a terrifying experience. Getting the other driver’s insurance information is always a good idea, assuming you weren’t seriously injured. Gather as much evidence as possible, as this will help you when you file a claim or pursue litigation.
In the end, however, you can minimize some of the financial pain before the accident. Make sure that you do not have lapsed auto coverage. Ensure you have uninsured or underinsured motorist coverage as part of your auto insurance plan. And after you get into an accident? Stay cool, calm, and collected.
If you need assistance pursuing civil litigation against the driver, we recommend you work with a personal injury attorney near me. Your attorney can use expertise to help you obtain the damages you deserve.
Ultimately, seeking professional help in this arena can provide financial benefits, reduce overall stress, and free up more time to recover from injuries.
If you have questions about an injury accident near Houston, contact Baumgartner Law Firm and speak with a top-rated personal injury lawyer for a no-obligation consultation. (281) 587-1111.
6711 Cypress Creek Pkwy, Houston, TX, 77069
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I Was Hit By a Driver Who Does Not Have Insurance
Can I Sue My Own Auto Insurance Company in Texas?
The Likelihood of Your Car Accident Case Going to Court
Texas Car Accident Reports Basics
Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
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