Can I sue an uninsured driver in Texas?

Asked by: Carson Smith  |  Last update: April 3, 2025
Score: 4.2/5 (42 votes)

You can file a lawsuit against an uninsured driver in Texas if you've been involved in an accident and sustained damages as a result of their negligence.

Is it worth suing an uninsured driver?

Suing the uninsured driver might not be worth it unless they are financially capable of satisfying a judgment. After a crash with an uninsured or underinsured driver, contact a car accident lawyer about your legal options.

What happens if the person at fault in an accident has no insurance in Texas?

If the accident was your fault

If you get into an accident without insurance, you could be on the hook to pay for any damages to the other person's vehicle. Beyond that, the other party could sue you for expenses associated with personal injury, such as medical bills and lost income due to an inability to work.

What happens if you get sued but have no money in a car accident?

Being Sued for a Car Accident But Have No Assets

This means your insurance company will handle the costs of legal representation and any settlements or judgments, up to the policy's coverage amount. Important: Notify your insurance company immediately if you receive any legal notices.

Can you sue an uninsured motorist in Texas?

You can file a lawsuit against an uninsured driver in Texas if you've been involved in an accident and sustained damages as a result of their negligence.

Can I sue an uninsured driver?

35 related questions found

How to get a no insurance ticket dismissed?

Presenting proof of insurance can demonstrate to the court that you had coverage at the time of the offense and may result in the dismissal of the ticket. Your lawyer will navigate the legal process and submit the necessary documents to the court in a timely manner.

Who pays if you sue someone with no money?

If you win your lawsuit but the responsible party has no money, they are still legally required to pay you. In the meantime, legal funding or pre-settlement lawsuit loans can help you manage expenses like mortgage payments and other financial obligations.

How much can someone sue for a car accident in Texas?

In Texas, the amount someone can sue for a car accident varies depending on several factors, including the severity of injuries, property damage, and liability. Victims may claim damages for medical expenses, lost wages, and pain and suffering, potentially resulting in significant compensation if negligence is proven.

What are the chances of winning a personal injury lawsuit?

According to the U.S. Department of Justice, personal injury lawsuit outcome statistics include a majority (90 to 95 percent) settled before trial. Out of the small percentage that end up seeing a courtroom, the data suggests that the success rate of personal injury cases is around half.

Do insurance companies go after uninsured drivers?

If the at-fault party is uninsured, the insurer may pursue subrogation against the driver personally.

What is the average settlement for a car accident in Texas?

Determining an average car accident settlement is difficult. Surveys indicate that the average amount was between $20,000 and $25,000, but many respondents said they received less than $10,000.

How do I report an uninsured driver in Texas?

Uninsured Drivers in Texas
  1. Seek Legal Guidance. ...
  2. Understanding Policy Limitations. ...
  3. Step 1: Report the Accident to the Police. ...
  4. Step 2: Gather Comprehensive Evidence. ...
  5. Step 3: Seek Prompt Medical Attention. ...
  6. Step 4: Notify Your Insurance Company. ...
  7. Step 5: Exploring Legal Recourse. ...
  8. Step 6: Seeking Alternative Sources of Compensation.

Can I sue if I didn't have insurance?

The fact that you don't have car insurance doesn't mean you are automatically responsible for the accident. Sure, it's against the law to drive without insurance, but you can still sue when you're injured by another driver in most states.

Am I covered against uninsured drivers?

If you cause an accident and you have a comprehensive Car Insurance policy, the cost of repairing both your car and the uninsured driver's car is covered. If you only have third-party insurance, you'll have to pay for any repairs to your own car yourself, but the uninsured driver's car will still be covered.

What is considered an uninsured driver?

An uninsured motorist is someone without auto insurance. Chances are about one in seven drivers in the U.S. is uninsured, according to a 2011 estimate by the Insurance Research Council. Uninsured motorist coverage helps you pay for damages caused by a driver who doesn't have car insurance.

How long does a car accident lawsuit take in Texas?

While a simple car accident case can settle in weeks if you have fully recovered and liability is clear, complicated cases can take between one and three years to settle.

Do most people sue after a car accident?

You might wonder if you can sue someone personally after a car accident. While this may be an option, it's not usually necessary. You typically go through the driver's insurance company for reimbursement of your costs, not the driver individually.

How much does a lawyer get from a car accident settlement in Texas?

In Texas, injury lawyers typically work on a contingency fee structure that grants them 33.33% of the total recovery if the case settles without litigation, 40% if it settles during litigation, and 45% if the case must go up on appeal.

What happens when someone sues you and you have no money in Texas?

If you truly have no assets and limited income, you might be considered "judgment proof." This means that even if the other party wins the lawsuit, they may not be able to collect any money from you. However, being judgment proof doesn't prevent the lawsuit from proceeding or a judgment from being entered against you.

Is suing someone worth it?

Before filing a lawsuit, prospective litigants should consider what they want from a case. Civil courts can only give you money or return property. A judgment cannot fix an underlying family problem or neighborhood feud. Lawsuits cost time and money, even if you get court costs awarded with a judgment in your favor.

Is it worth going to small claims court for $500?

Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.

How do I take someone to court for no insurance?

To do so, you would have to file a lawsuit in Small Claims Court against the uninsured individual. Be aware, for civil cases, there are Statute of Limitations – a set number of years wherein you must either settle your claim or file a lawsuit. The Statute of Limitations can vary 1-6 years dependent on your state.

What happens if you get a no insurance ticket in Texas?

For a first offense, a fine ranging from $175-$350. For a second offense, a fine ranging from $350-$1,000 and suspension of the person's driver's license until the driver provides proof of responsibility. An annual responsibility surcharge of $250 per year for the next three years.

What to do if insurance is avoiding you?

Your Best Bet Is to Get a Lawyer. When insurance companies ignore you or possibly use other bad-faith tactics with your claim, it's best to get an attorney involved.