Contesting Fault After an Uninsured Texas Crash

Attorney Answer

Being blamed is not the same as being at fault, and in Texas nobody at the scene decides fault — but driving without insurance is a separate problem with its own penalties, and it is the reason to get advice before you say anything else about this crash.

Take that second part first, because it is the part that gets worse while you wait. Tex. Transp. Code § 601.051 provides that a person may not operate a motor vehicle in this state unless financial responsibility is established for that vehicle, through a complying liability policy, a surety bond, a deposit, or self-insurance. Driving without it is an offense under § 601.191(a), punishable under § 601.191(b) by a fine of not less than $175 or more than $350, and under § 601.191(c) by not less than $350 or more than $1,000 for someone previously convicted. Beyond the fine, a crash without coverage can put your license and registration at risk. Tex. Transp. Code § 601.153(a) is the release valve: the department may not suspend a license, registration, or nonresident's privilege under that subchapter if the owner or operator both deposits sufficient security with the department and files evidence of financial responsibility. Whether that route helps you depends on your numbers, and it is a question for a lawyer.

Because there is potential criminal exposure here, be careful about talking. Do not write out your own account of the crash, and do not give a recorded statement to any insurer or discuss the collision with the other driver or with police, beyond the exchange of information the law already required of you at the scene under Tex. Transp. Code § 550.023, until a Texas attorney has heard your facts. What you say to a claims adjuster does not stay in the claims file.

Now the fault question. Under Tex. Civ. Prac. & Rem. Code § 33.003(a) the trier of fact assigns a percentage of responsibility, in whole numbers, to each claimant, each defendant, each settling person, and each designated responsible third party. Fault is a finding on evidence — not the other driver's version, not an adjuster's letter, and not an officer's opinion, which is evidence but not a verdict. Under § 33.001 a claimant more than 50 percent responsible recovers nothing, and under § 33.012(a) a claimant at 50 percent or less has damages reduced by his own percentage. Under § 33.013(a) a liable defendant is liable only for the percentage of the damages equal to its own share, with narrow exceptions in § 33.013(b). Applied to you: if you are found partly responsible you owe your part, not all of it — and if you are found not responsible you owe nothing, whatever anyone is saying now.

What you can do

1. Preserve what you already have. Keep the photos you took, the information you exchanged, any texts, the citation, and anything the other driver handed you. Do not create a new written account of the crash.

2. Ask the investigating agency for a copy of the crash report and note the report number. Requesting a record is not giving a statement.

3. Before you answer any insurer's questions about how it happened, talk to a Texas attorney — one who handles both the money side and the ticket.

4. Get financial responsibility in place going forward as § 601.051 requires, and keep the proof where you can produce it.

5. If anything arrives about your license or registration, open it the day it comes and take it to a lawyer. Those notices carry short response windows.

6. Ask a local lawyer whether depositing security and filing evidence of financial responsibility under § 601.153 would head off a suspension in your situation.

7. Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts is worth more than any general guidance, including this page.

⏱ Time limits apply. Tex. Civ. Prac. & Rem. Code § 16.003(a) requires suit for personal injury or for injury to property to be brought not later than two years after the day the cause of action accrues, so the other side has a window in which to sue you. Any deadline attached to a license or registration action is separate and much shorter. When each clock starts depends on your facts — have a Texas attorney confirm the dates rather than counting from the day of the crash.