Disclaimer: This article provides general information about Texas law. It is not legal advice.
Detailed Answer
When the at-fault driver had no active insurance on the date of loss, Texas law still offers several paths for recovering your losses.
Sue the At-Fault Driver Directly
You can file a lawsuit for personal injury or property damage against the uninsured driver. Texas sets a two-year statute of limitations for both personal injury and property damage claims (Tex. Civ. Prac. & Rem. Code § 16.003). If you obtain a judgment, you may pursue post-judgment remedies to collect.
Use Your Uninsured/Underinsured Motorist (UM/UIM) Coverage
Texas insurers must offer uninsured and underinsured motorist coverage. If you purchased UM/UIM, you can file a claim under your own policy. Review your policy limits and submit your claim in writing (Tex. Ins. Code § 1952.101).
Require a Surety Bond or Deposit
Under Texas Transportation Code § 601.072, an uninsured driver may post security after an accident. You can petition the court to require the driver to post a bond or make a cash deposit equal to the probable judgment (Tex. Transp. Code § 601.072). If they fail, you may obtain summary judgment or other relief.
Collect on a Judgment through Post-Judgment Remedies
Once you have a court judgment, you can enforce it by garnishing wages, levying bank accounts, or placing liens on property under Texas Civil Practice & Remedies Code Chapter 31 (Tex. Civ. Prac. & Rem. Code § 31.006).
Helpful Hints
- Document the accident scene with photos and detailed notes.
- File a police report promptly to establish an official record.
- Notify your insurer about an uninsured motorist claim immediately.
- Check your policy’s UM/UIM limits before filing a claim.
- Track statute deadlines: two years for injury and property claims (Tex. Civ. Prac. & Rem. Code § 16.003).
- Consult an attorney to evaluate collection strategies and bond petitions.