Driving in Texas requires all drivers to have automobile insurance. At The Law Firm of Aaron A. Herbert, our attorneys emphasize that driving without adequate coverage is against state law and can result in fines, fees, increased premiums, and other penalties, including the potential loss of driving privileges. If you’re wondering, can you go to jail for driving without insurance in Texas? The answer is no. However, being caught without sufficient coverage can still lead to significant consequences, making compliance essential.
Can You Go to Jail for Driving Without Insurance in Texas?
You cannot go to jail for driving without insurance in Texas. But if you cause a car accident while uninsured, serious financial consequences are possible. According to Texas law, all drivers must maintain financial responsibility with appropriate car insurance. Without it, you could be held personally liable for damages resulting from an accident. This means you will have to pay out of pocket for the victim's vehicle repairs and medical expenses. To avoid these penalties, make sure you comply with the state's car insurance requirements.
Texas Insurance Requirements
All 50 states have laws requiring drivers to carry certain types and levels of car insurance. Like the majority of states, Texas follows a fault-based car insurance system. All drivers must carry insurance to cover damages if they cause car accidents. The at-fault party’s insurance policy will pay for medical bills, property damage repairs and other losses after a collision. For this reason, all drivers must carry at least the minimum required amounts of insurance.
- $30,000 for bodily injury liability per individual. Pays for medical bills for one person in an accident.
- $60,000 for bodily injury liability per accident. Pays for the medical bills of all involved parties in an accident.
- $25,000 for property damage liability. Pays for up to $25,000 in vehicle repairs after a collision.
If you do not own your vehicle outright, your lease or loan provider may require collision and comprehensive coverage as well. These are additional types of insurance that can cover your damages for any reason – even if you caused the accident or if an act of God damaged your property. You may purchase optional types of insurance for additional coverage at any time in Texas.
Are There Any Exemptions to Texas Car Insurance Laws?
While most drivers in Texas have to maintain car insurance, there are specific exemptions to the financial responsibility requirement under limited circumstances:
Self-Insurance
Drivers with at least 25 vehicles registered in Texas can qualify as self-insured by filing a certificate of self-insurance with the state.
Government Vehicles
Government-owned, government-operated vehicles are exempt.
Certain Farm Vehicles
Vehicles subject to registration, used exclusively for farm or ranch purposes, and operated within 50 miles of the owner's farm may not require insurance.
It is essential to consult with a legal professional or review the Texas Department of Insurance guidelines to confirm your eligibility for any exemptions.
What Is Proof of Insurance?
As a driver, you must maintain at least the minimum required amounts of auto insurance at all times to obey Texas laws. You must also carry proof of insurance in your vehicle or on your person when you drive. Keeping a copy of your insurance card in your glove compartment, wallet or an electronic version on your phone can fulfill this requirement.
An officer will have the right to request to see proof of auto insurance during a traffic stop or after a car accident. You will also need to show proof to the Department of Motor Vehicles before you can register your vehicle, renew the registration, get your driver’s license or undergo a vehicle inspection.
What Are the Penalties for Driving Without Insurance?
If you have insurance but fail to have proof with you during a traffic stop, you could receive a ticket and a fine. If a police officer discovers that you do not have insurance at all – or that the insurance you have does not meet Texas’ required minimums – you could face more serious penalties. Going to jail, however, is not a penalty you could face for driving uninsured.
- Citation and fines. A traffic ticket for driving without insurance can cost between $175 and $350 to resolve as a first-time offender. You will also have to pay an additional $250 each year for three years as an annual driver’s license fee. This increases the total costs to $925 to $1,100.
- Additional fines. You could pay a fine between $350 and $1,000 (plus the annual $250) for a second or subsequent offense.
- License revocation. If you continue to drive without insurance, becoming a repeat offender could result in license revocation and vehicle impoundment.
You cannot go to jail for driving without insurance in Texas. Should you cause a car accident while uninsured, however, you could end up personally liable for the other party’s damages. A lawsuit against you could force you to pay for the victim’s vehicle repairs and medical expenses out of pocket. It is up to you as a driver in Texas to purchase the correct types of insurance and to maintain it at all times if you wish to avoid penalties.
Can the Police Pull You Over for Not Carrying Insurance?
Yes, the police can pull you over if they suspect you are driving without insurance. While Texas law does not allow officers to stop a vehicle solely to verify insurance, they may ask for proof of insurance during a traffic stop for another reason, such as speeding or running a red light.
If you cannot provide valid insurance documentation, you could face the following penalties:
Fines and Fees
Under Texas Transportation Code Section 601.191, a first-time offender pays fines ranging from $175 to $350. Subsequent offenses may even include higher fines, likely over $1,000.
Court Appearance
You will have to appear before the court and show that you now have insurance on the vehicle. If you can't show proof of current insurance, you are sentenced to community service or put on probation based on the circumstances surrounding your case.
Vehicle Impoundment
The officer may have your car towed if you cannot show valid proof of insurance.
In some cases, you may be able to resolve the citation by submitting proof of insurance online, by mail, or in person at the designated court. For example, the City of Canyon specifies that you must provide both your insurance card and the declaration page covering the date of the citation.
What Happens If I'm in a Car Accident with No Insurance in Texas?
Being in a car accident without insurance can have serious consequences. Texas operates on a "fault-based" insurance system; that means whoever gets proven at fault must cover the damages. For the uninsured who will be deemed at fault for an accident, they can possibly face the following:
Personal Liability
Without insurance, you directly pay for all the victim's medical bills and vehicle repairs, among other damages. This could lead to lawsuits and wage garnishments if you fail to pay. For instance, if the victim's medical bills total $20,000, you will have to pay that amount yourself, which may be a huge financial burden or even bankruptcy.
SR-22 Requirement
After an uninsured accident, you will be required to file an SR-22 form with the state proving financial responsibility, which will significantly increase your insurance rates. The SR-22 requirement typically lasts for two to three years; during that period, you must have continual coverage, or you will incur further penalties.
Driver's License Suspension
Your license is suspended pending a financial outcome from the accident and can only be reinstated upon paying a fee for the license, obtaining SR-22 insurance, and proving financial responsibility. Recovering damages as an uninsured but non-fault driver is challenging unless you pursue compensation from the at-fault driver’s policy or have uninsured motorist coverage.
Contact a Car Accident Legal Expert Today
At The Law Firm of Aaron A. Herbert, we specialize in representing Dallas residents injured in car accidents. Call us at 214.200.4878 or schedule a free consultation today. Let us fight for the compensation and justice you deserve after a crash.