Getting into an auto accident is already a tricky situation. Texas is an at-fault state, meaning legal liability falls on at-fault drivers. Drivers who are responsible for any injuries or damages may have to shoulder the financial burden of compensation.
Legal protections in Texas
In Texas, all drivers must carry minimum liability insurance in case of accidents. You might know it as the 30/60/25 rule:
- $30,000 for bodily injury per person
- $60,000 for bodily injury per accident
- $25,000 for property damage per accident
Liability insurance is meant to protect you in most instances. But sometimes, reality may be more challenging. Texas has an ongoing problem with uninsured motorists who make recovering damages difficult. 12% of the state’s registered vehicles are uninsured—that means 1 in 8 Texas drivers has no liability insurance.
It is illegal for drivers to not carry insurance. However, even with fines and license suspensions for repeat offenders, many slip through the cracks. It may be wise to have other protections in place for worst-case scenarios.
Personal protections and coverage
The Texas Insurance Code has specific provisions that protect you from uninsured motorists. Every auto insurer must offer coverage that includes them in their liability policies. With uninsured and underinsured motorist coverage (UM/UIM), you now have frontline financial protections when at-fault drivers cannot repay.
You have the option to refuse this type of coverage in writing. However, UM/UIM policies may help you in case of the unexpected. UIM policies may apply even when the at-fault driver carries coverage, but that coverage is not enough to fully compensate you.
Is suing the driver worth it?
The answer: it depends. It is possible to sue a driver in Texas to cover damages. Whether a lawsuit is worth pursuing depends on the at-fault driver’s financial situation. Without any assets or resources, the time-consuming and expensive court process may not benefit you in the long run. Most uninsured drivers do not have the financial capability to honor a court decision.
Before taking steps to recover damages for a car accident, you might want to assess and evaluate the situation. Pursuing one pathway can lead to complex legal processes that may be more costly and difficult than expected. A competent legal professional may help you navigate situations involving uninsured motorists more smoothly.