Yes. In Texas, you can sue an uninsured driver directly for the damages they cause, since the at-fault party is legally responsible for your injuries and losses. However, collecting on a judgment can be challenging.
Liability Insurance Requirements in Texas
Texas is an at-fault state, which means the driver who causes a crash is responsible for the resulting harm. To cover that responsibility, state law requires every driver to carry liability insurance in the following minimum amounts:
- $30,000 for bodily injury per person per accident
- $60,000 in bodily injury per accident
- $25,000 for property damage
This insurance covers medical bills, lost wages, and property damage repairs for others involved in an accident when you are at fault. Drivers who do not carry this minimum coverage can face hefty fines, around $175 to $350 for a first offense, and up to $1,000 for repeat violations.
Why Are So Many Texas Drivers Uninsured?
Despite the legal requirement, a large share of motorists drive without coverage. Roughly 12% of Texas drivers are uninsured, according to the Texas Department of Motor Vehicles. There are many reasons why a driver may fail to carry insurance, including:
- The cost of premiums, which can strain tight budgets
- A lapsed policy after one or more missed payments
- Dropping coverage once a vehicle is registered
- A driving record that makes premiums financially unfeasible
How Uninsured/Underinsured Motorist (UM/UIM) Coverage Can Help
One of the strongest protections against an uninsured driver is coverage you carry yourself. In Texas, you have the option to purchase uninsured/underinsured motorist (UM/UIM) coverage from your liability insurance carrier.
UM/UIM coverage can help cover several types of losses after an accident involving an uninsured driver. Depending on your policy terms, these commonly include:
- Medical expenses
- Lost income
- Pain and suffering
- Vehicle and property damage
Is It Worth Pursuing a Lawsuit Against an Uninsured Driver?
UM/UIM coverage is often your fastest route to compensation, but it isn’t your only option. You have the right to file a personal injury lawsuit against the uninsured driver directly and secure compensation for the damages you sustained.
Suing is a legitimate path to recovery, but the practical question is whether the driver can actually pay. Many uninsured motorists lack the assets or income to satisfy a judgment, so a courtroom win does not always end with a check. Still, a lawsuit may be a viable option in many situations.
A civil claim may be worth pursuing when:
- The driver owns property, savings, or other reachable assets
- You have no UM/UIM coverage to fall back on
- Another party, such as an employer or vehicle owner, may share liability
Talk to a Texas Car Accident Attorney About Your Options
Recovering after a crash with an uninsured driver is rarely straightforward, and the right strategy depends on your policy details, the other driver’s finances, and who else may share fault. De La Garza Law Firm will review every avenue for compensation and help you find the optimal path forward. Contact us today to schedule a free case review.
