My friend recently got in a car accident in Texas with a rented vehicle and according to her, it was the other party’s fault. Since neither of the cars (hers and the other driver’s car) are insured, they both decided not to inform the police. What would happen she is caught for not having a car insurance here in Texas?

Ben

Houston TX

Without car insurance for a rented car, your friend will likely have to pay the cost of repairing the vehicle and the rental lost since the car will be out of commission. Since the other party is at fault in the accident, your friend may have to bring the case to court if the person at-fault is not willing
to pay the damages instead of making a claim to the at-fault party’s insurance provider should that driver’s car was insured.

In Texas, the minimum requirement is $25,000.00 for every person injured, $50,000.00 for every accident and $25,000.00 for property damage. This law, which took effect on April 1, 2008, is referred to as 25/50/25.

Failure to comply to this law will result in a penalty ranging from $175 to $350 for the first conviction. The fines for the succeeding convictions ranges from $350 to $1,000. Your driver’s license can also be suspended and your car be impounded. For more information on this matter, you can check the Motor Vehicle Safety Responsibility Act in the Texas Transportation Code Chapter 601.

Aside from the required reinstatement fees as part of the administrative actions due to this conviction, there are also surcharges, which the Department of Public Safety assess according to the traffic violation. The surcharge for not having a car insurance is $250 a year for three years.

Your friend can seek legal advice if the driver who is at fault does not want to pay the damages.

What will happen if a person gets into an accident while driving an insured vehicle in Houston but he is excluded from the policy of that vehicle?

Amanda

Houston, TX

In general, car insurance companies do not cover persons who are excluded in insurance policies even during the time of an accident. This rule is being practiced not just in Houston, but in other parts of Texas, as well. This is for the reason that only those who are included in the policy have the guarantee to cover future damages and that those who are excluded would have to be personally liable for the incident.  This may sound risky especially since the person’s financial liquidity would have to be considered.

So, in cases wherein the excluded driver was found to be at fault, the driver and the owner of the vehicle will both be held accountable for the damages. If the excluded driver is part of the owner’s household, the owner may have to consult with his or her insurance company to see if the excluded driver could be included in the policy so as to avoid the same scenario.

As for the violation, the penalty will only be given to the excluded driver and the incident listed only on his records. Likewise, the incident will not have an effect to the owner’s insurance policy rates since he or she was not the one who caused the accident. However, in a case wherein the other driver is included in the owner’s policy and was found to be at fault, the rates of the insurance policy would likely be affected.

I am wondering what will happen if there is an excluded driver on my car insurance policy and I let them use my vehicle and the driver gets a citation? I have told my insurance company  a drivers name to be removed off my car insurance policy, but they said they said cannot do that. Why? I am trying to save on my premium and I am pretty sure it will increase my car insurance rate.

John

Houston, TX

The excluded person on car insurance policy, first of all, should not be allowed to drive the car. The automobile owner’s insurance provider will not going to cover that excluded driver in case of an accident. Because of this, the excluded motorist and the car owner will be held liable for the accident. There are several reasons why an insurance provider will not take off an excluded person. One reason may be because the excluded driver is a member of the household. I suggest that you talk with your insurance provider to know exactly why they will not take off the excluded person from your car insurance policy in Houston Texas. Remember, do not permit any excluded drivers on your car insurance policy to drive any of your cars. Regarding the citation, the citation will go on the excluded person’s driving record..

If you decide to include the previously excluded driver to your current car insurance policy, this will likely raise your car insurance premium. I suggest that you shop for car insurance quote to check if you can get better deals and to make sure you will get the best car insurance quote in your Houston Texas.

When an accident occurs and you don’t receive proof of car insurance, name, or address from the other motorist who hit you and they file a claim against you, can you turn them in for failing to show you with proof of their car insurance?

Bill

Houston, TX

If a law enforcement officer was not contacted or did not respond then there is really no recourse you have to obtain this information.

All accidents should be reported to your insurance carrier in Houston even if the police are not called. In this manner, they have a record of your side of the accident. This also protects you from incidents such as the one you mention wherein the information later changes and they file a claim against you.

You should contact your insurance carrier, if you have not yet, and tell them what happened. At this point, it will be up to a claims adjuster to decide whether or not an insurance claim can be made against your auto insurance policy. The same would also apply to the other party’s insurance company.

I know in my state, there is a different penalty for a DWI arrest with a child inside the car. Is this kind of DWI offense more serious than the DWI arrest that caused harm to someone in Texas?

William

Houston, TX

Thanks for asking William. The state of Texas has enacted a variety of different laws and regulations that are each designed to help eliminate the increasing number of DWI accidents, injuries, and fatalities occurring within the state by making it less appealing for underage individuals to purchase alcohol, less appealing for people over the age of 21 to sell alcohol to underage individuals, and less appealing for individuals to drive while intoxicated.

DWI is always considered to be a serious and major offense, but driving with a child in the car while intoxicated is considered to be a much more serious offense. If an individual is pulled over and had DWI arrest and there was a child under the age of 15 present in the car, the driver will be arrested for felony DWI. An individual convicted of felony DWI will receive a minimum of 180 days in jail to a maximum of two years in jail and may be imposed with up to a $10,000 fine. It is also important to keep in mind that the individual may be charged with other crimes related to the well-being and safety of the child in the car depending on the specific situation.

Even though the act of DWI with a child present in the car is considered to be an extremely serious offense, it is not the most serious alcohol-related offense for which an individual can be charged. If an individual is involved in a motor accident in which someone was seriously injured or harmed and it is determined that the individual was driving while intoxicated, the individual will be arrested for DWI and for intoxication assault.