Checking on Uninsured Motorists in Texas

Since 1981 Texas drivers have been required to have vehicle liability insurance yet approximately 20 percent of Texas drivers remain uninsured.    

That is all about to change.  Beginning in January the state will inaugurate a new driver responsibility program as authorized by Senate Bill 1670 which the Texas Legislature passed in 2005.

The program’s two-month trial run will begin in Austin.  If it works  successfully the program will be expanded to the rest of the state.

Unfortunately the Motor Vehicle Responsibility Act which prohibits a person from driving without insurance has not had the impact that legislators intended when the act was adopted more than 25 years ago.  The law has been difficult to enforce because officers have not been able to verify the correct status of a motorist’s insurance. 

Motorists often circumvent the law by purchasing insurance and then cancelling the policy after receiving a proof-of-insurance card.  Other motorists drive with fraudulent proof-of-insurance cards issued on nonexistent insurance policies.

Senate Bill 1670 established a financial responsibility verification program that gives the Texas Department of Public Safety the Texas Department of Transportation and the Texas Department of Information the resources and authority to verify motorists’ compliance with the Motor Vehicle Responsibility Act.

Although we passed the bill in 2005 it has taken two years to set up a central database with information provided by insurance companies linked to state agency databases.  With 16 million drivers in Texas this was a formidable task.

Hopefully the two-month field test in Austin will ensure that the program works as it should.  The program is being funded with a $1 fee paid annually by drivers renewing their vehicle registration.

Once the program begins drivers without insurance will be ticketed and fined.  The fine for a first offense is a minimum of $175 and a maximum of $350.  Fines increase on the second and third offenses from $350 to $1000.  Third offenders could lose their driver’s licenses and have their vehicles impounded.  Those who fail to be pay their fines may be arrested.  Uninsured drivers also may be required to pay an additional $250 to the state for three years.

When the program is underway law officers will be able to run a license plate through the database when a motorist is involved in an accident or stopped for a traffic violation.  Motorists’ insurance also will be checked when they get their annual vehicle safety inspection and pay for a new registration sticker.

The state will mail warnings to drivers who currently do not have the minimum coverage of $25000 for injury or death to one person $50000 for two or more persons and $25000 for property damage.

Although it will be at least two months before the program goes statewide when it does there should be a significant decrease in uninsured motorists.