Injury Exposure For An Uninsured At-Fault Texas Driver

Q: Does an insurance payment for a totaled car prevent the owner from later suing for injuries?

Generally no. A payment made by a person's own insurance company under their own policy is not a release, and a property damage claim is normally handled separately from an injury claim. Only a signed release gives up a claim, and it gives up only what its terms cover. The insurer that paid may also have its own right to pursue the at-fault driver for what it paid.

Q: What does an at-fault Texas driver face after a crash with no insurance?

Both civil and regulatory consequences. Tex. Transp. Code § 601.051 requires financial responsibility for a vehicle operated in Texas, and § 601.191 makes operating without it an offense punishable by a fine of not less than $175 or more than $350, or not less than $350 or more than $1,000 after a prior conviction. Because no insurer is involved, the driver personally bears both the defense and any judgment, up to and beyond the § 601.072(a-1) minimum limits of $30,000, $60,000 and $25,000 that a policy would have carried. Chapter 601 also contains license and registration procedures that depend on the individual record.

Q: How long does someone have to file an injury lawsuit in Texas?

Tex. Civ. Prac. & Rem. Code § 16.003(a) generally requires suit for personal injury to be brought within two years after the day the cause of action accrues, and the same two-year period applies to property damage. Under § 16.003(b), a claim for injury resulting in death must be brought within two years after the cause of action accrues, and that cause of action accrues on the death of the injured person. When a period begins depends on the individual facts.

Question

Hi. I was involved in a car accident and was at fault, unfortunately, and did not have car insurance at the time. I called the other party's insurance to investigate the claim and they said it was closed and that they have paid off 27000 for the totalled car. I did receive a letter from a law office associated with GEICO to call, which I will. I'm wondering, can the driver still sue me for other additional "damages," e.g. medical, if she's already been paid off for the car by her own insurance? I know if I had insurance they had to sign a document saying they would not sue if they accept the agreement, but what about this case?

A. Jason Velez · Accepted Answer

Yes, she can. Her own insurer paying for the car does not release you, and nothing you have described ends her ability to bring an injury claim. Before you return that call, talk to a Texas attorney. Driving without insurance is itself an offense in Texas, and what you say now can affect both the civil claim and anything the state does. Here is why the payment does not protect you. A release is a signed document in which someone gives up a claim, usually in exchange for payment from the person being released. A payment by her own insurance company under her own policy is not that. It is her carrier performing its contract with her. Insurers that pay out under their own policies commonly then pursue the at-fault driver for what they paid, and Texas law contemplates that in at least one place directly relevant to you: Tex. Ins. Code § 1952.155(b) generally bars an insurer from subrogating for personal injury protection benefits it paid, but § 1952.155(c) carves out an exception where the at-fault driver was operating without the financial responsibility that Chapter 601 requires. The letter you received from a law office may well be that kind of collection effort rather than a lawsuit. The injury claim is separate again. It belongs to her, not to her insurer, and closing a property damage file says nothing about it. The window is set by Tex. Civ. Prac. & Rem. Code § 16.003(a), which generally requires suit for personal injury to be brought within two years after the day the cause of action accrues. Until that period runs, the possibility stays open. What makes this serious is the absence of a policy. Tex. Transp. Code § 601.051 requires financial responsibility for any vehicle operated in Texas, and § 601.072(a-1) sets minimum limits of $30,000 per injured person, $60,000 per occurrence, and $25,000 for property damage. Those are the amounts an insurer would have been handling. Without a policy, both the defense and the payment fall on you personally. Tex. Transp. Code § 601.191 also makes operating in violation of § 601.051 an offense punishable by a fine of not less than $175 or more than $350, and not less than $350 or more than $1,000 if you have a prior conviction under that section. Chapter 601 also has license and registration consequences that are procedural and fact-dependent, so those need a lawyer's review of your specific record. One piece of the law does run in your favor. Texas allocates responsibility by percentage. Under Tex. Civ. Prac. & Rem. Code § 33.001 a claimant found more than 50 percent responsible recovers nothing at all, and § 33.012(a) reduces any award by the claimant's own percentage. Fault is rarely as one-sided as it feels at the scene, and it is decided on evidence, not on what anyone said that day. What you can do 1. Do not return that call until you have spoken with a Texas attorney. A lawyer can respond on your behalf, and that is the safer sequence. 2. Do not give a recorded statement, a written account or an explanation of how the crash happened to any insurer, lawyer or investigator before a lawyer has advised you. That applies to letters and emails as well as calls. 3. Preserve what already exists: the letter and its claim number, any citation, the crash report, photographs, texts and repair or towing paperwork. Do not discard anything, and do not write a new account of the crash. 4. The information you were required to exchange at the scene under Tex. Transp. Code § 550.023 is a separate matter and remains proper. 5. Ask a Texas attorney whether any policy might still respond: a household member's policy, coverage on another vehicle, or coverage through an employer or a rental agreement. 6. Ask a Texas attorney about your license and registration status under Chapter 601, which has its own procedures. 7. If you are served with a lawsuit, take the papers to a lawyer immediately. The time to respond is short and missing it can cost you the case by default. 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) generally requires a personal injury suit to be brought within two years after the day the cause of action accrues, and the same period applies to property damage. That period is the outside edge of your exposure, but when it started depends on facts a general page cannot see. No date is calculated here. Have a Texas attorney review your dates.

Injury Exposure For An Uninsured At-Fault Texas Driver

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