Can I Still File a Claim if my Texas Tag is Expired?

By Anderson, Cummings & Drawhorn, LLP on August 11, 2021

Driving with an expired vehicle registration is a serious offense in Texas. If the police catch you, they can arrest you and impound your vehicle. The state can also levy fines and suspend your driver’s license.

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But what if you were the victim of a car crash when your tag was expired? Will insurance cover an accident if your registration is expired? What about your ability to seek compensation from your own policy?

If you were injured in a crash caused by a negligent driver while you had an expired registration, our Fort Worth car accident lawyers might be able to help you. We have been representing Texas crash victims for decades, obtaining millions on their behalf.

Contact Anderson, Cummings & Drawhorn, LLP today to discuss your claim. No upfront costs. Phone: (817) 920-9000.

Can the Insurance Company Deny My Claim Because of an Expired Tag?

texas license plate

No, the at-fault driver’s insurance company cannot deny your claim simply because your registration is expired. An expired tag has almost no effect on your ability to seek compensation from the negligent driver’s insurance company.

Your expired tag did not cause the collision, the negligent driver did. The other driver’s insurance company may argue that the expired registration makes you partially liable because it was illegal for you to be out on the road. However, while Texas does have severe penalties for driving with an expired tag, it is not a moving violation, so it is not a valid reason to assign any percentage of fault to you.

The only way you could be partially at fault for the crash is if you did something negligent that contributed to the collision, such as:

  • Speeding
  • Distracted driving
  • Violating another driver’s right of way
  • Running a red light
  • Following too closely
  • Failing to come to a complete stop at a stop sign
  • Failing to maintain your lane
  • Improper lane changes
  • Failure to signal when turning
  • Driving recklessly or aggressively
  • Ignoring weather or road conditions
  • Driving while fatigued
  • Failure to maintain the vehicle properly
  • Driving the wrong way on a one-way street
  • Failure to adjust driving for construction zones

Even if you are partially to blame, you may still be able to seek compensation. Under Texas modified comparative fault laws, crash victims who are less than 50 percent at fault can seek compensation. If their claims are successful, compensation can be reduced according to the percentage of fault.

What if You Were Also Driving Without Valid Insurance?

Sometimes drivers who let their registrations expire are also driving without insurance. You cannot renew your insurance coverage when your registration is expired.

However, your lack of insurance would not affect your ability to seek compensation from the at-fault driver’s insurance. Unlike some other states, Texas does not have a “no pay, no play” law that prevents crash victims from filing third party claims because they themselves do not have insurance.

Is Insurance Valid if Registration is Expired in Texas?

Your insurance company cannot cancel your policy because your registration expired in the middle of the term of coverage. An expired tag is unlikely to affect your insurance coverage, unless you are trying to renew your insurance coverage and your tag recently expired.

Generally, car insurance coverage remains valid if you pay your premiums on time, no matter the registration status of your vehicle.

Your auto insurance remains valid in Texas even if your vehicle registration has expired. Insurance companies cannot cancel your policy mid-term solely because of an expired registration. If you continue making timely premium payments, your insurance coverage will remain active and intact, ensuring protection against accident liabilities and damages.

However, maintaining an active vehicle registration is still crucial, as neglecting to renew can lead to legal and financial issues unrelated to your insurance validity.

Can an Expired Registration Affect Your Insurance Claim?

Even though an expired registration does not automatically invalidate your insurance coverage, it may impact your claim settlement if you’re involved in an accident. Insurance companies generally consider all information when assessing a claim, such as whether or not your vehicle’s registration was current at the time of the accident. While a registration lapse is considered a non-moving violation, meaning it typically does not accrue points on your driving record, insurers can view this as proof of negligence or lack of concern.

In disputed liability or fault cases, an expired registration can be a compounding factor and weaken your position. For example, an insurer might counter that failure to renew your registration indicates greater neglect, which would influence the settlement amount or the outcome of the claim. Hence, doing your vehicle registration renewal on time keeps you in line with Texas state requirements and can help facilitate a smoother insurance claims process.

Could Your Insurance Company Cancel the Policy Mid-Term?

Insurance companies are generally prohibited from canceling policies mid-term due to expired registration. Policies can typically only be canceled mid-term under specific conditions, including non-payment of premiums, misrepresentation, fraud, or significant changes in risk factors. Since an expired registration alone does not represent such a substantial risk factor change, your insurer cannot legally cancel your coverage during the active policy term based solely on this reason.

Nonetheless, it’s essential to rectify expired registrations promptly to avoid any potential complications that could indirectly affect your relationship with your insurance provider.

Could an Expired Vehicle Registration Affect Your Insurance Premiums?

Yes, receiving a citation for driving with an expired registration can influence your future insurance premiums. According to LegalClarity, insurers frequently view expired registrations as an indicator of higher risk. Consequently, this perception might result in elevated premiums when your policy comes up for renewal. Addressing citations immediately and promptly renewing your registration can mitigate these potential increases.

Steps to Take if Involved in an Accident with an Expired Registration

  • Renew Your Registration Promptly : Addressing your expired registration quickly demonstrates responsibility and could positively affect your insurer’s view of your overall risk profile.
  • Document the Accident Thoroughly : Compile detailed evidence, including clear photos of the accident scene, vehicle damage, witness testimonies, and official police reports. Thorough documentation significantly aids your claim’s credibility and effectiveness.
  • Seek Legal Assistance : Engaging an experienced attorney can help you navigate the complexities associated with accidents involving expired registrations. Professional legal advice can clarify your rights, streamline communication with your insurer, and advocate for a fair settlement.

Addressing registration issues proactively and promptly seeking professional guidance can protect your interests, maintain insurance validity, and facilitate a smoother claims process.

Can I Still Seek Compensation From My Insurance Policy?

Yes, you can still seek first-party coverage from your insurance policy with an expired tag. Drivers often use first-party coverage to pay for damage to their vehicle or personal property. They may also use this coverage to pay for some of their medical bills while their lawyer pursues compensation from the at-fault driver’s insurance company.

Expired Tags and Uninsured Motorist Claims

Drivers also use first-party coverage when the at-fault driver does not have insurance. These are known as uninsured motorist claims. Your ability to file this type of claim is not going to be affected by a lapsed vehicle registration.

Uninsured motorist coverage is usually bundled with underinsured motorist coverage. This can be used when the other driver’s coverage runs out, but you still need more compensation. The at-fault driver is underinsured, so your insurance company can step in to cover the difference.

Could Your Insurance Company Cancel the Policy in the Middle of the Term?

No, the insurance company cannot cancel mid-term because your registration is expired. There may be other valid reasons to cancel your policy in the middle of a term, but an expired registration is not one of them.

These are some valid reasons to cancel a policy in the middle of a term:

  • Your driver’s license expired or was suspended or revoked
  • The state has taken away your driving privileges during your term of coverage
  • The insurance company finds out you committed fraud when filling out your application
  • Non-payment of premiums
  • You were involved in too many accidents or racked up an excessive number of traffic citations
  • DUI or DWI conviction
  • Filing an excessive number of claims
  • Your vehicle was deemed unsafe or uninsurable
  • The insurance company stopped offering the type of coverage you signed up for
  • You moved to an area the insurer does not service

Could an Expired Vehicle Registrations Affect Your Insurance Premiums?

Yes, if you are caught driving with an expired tag and face criminal charges, your insurance company could increase your future premium payments. Insurers view policyholders with criminal records as a higher risk, so they are likely to charge more money to protect themselves.

So even though you could still use your insurance coverage to pay for car crash damages, an expired tag could have long-term ramifications on your finances. This is why drivers should not let their registrations expire.

Texas law, requires annual vehicle registration renewal. Failing to renew your license plate on time can result in:

  • $25 late fee for the first month – this will not be assessed until after a five-day grace period; the fee increases the longer you wait to renew
  • Average fine of $200 for operating a vehicle with an expired tag; the penalties increase the longer you go without renewing
  • Vehicle impoundment, especially if you have been driving with an expired tag for an extended period
  • 20 percent delinquency penalty when you renew

FAQ

How Much Is a Ticket for an Expired Tag in Texas?

In Texas, a ticket for an expired registration can carry fines of up to $200, plus court costs. Because a citation for expired registration is classified as a Class C misdemeanor, the total expense may climb once administrative fees are added. The Texas Department of Motor Vehicles reminds drivers that registration must be renewed every year, and renewal can be completed online up to 90 days before expiration or within 12 months after, if no ticket has been issued.

Here’s how the penalties generally break down:

  • Fines: The base fine may be as high as $200.
  • Court Costs: Most citations also include standard court costs.
  • Dismissal Options: Many courts allow dismissal if registration is renewed within 20 business days and proof is shown to the court.
  • Additional Fees: Some courts increase costs when registration has been expired for a longer period.
  • Possible Penalties: In cases where the registration has lapsed for more than two months, drivers may face vehicle impoundment or towing-related expenses.

Can a Ticket Be Dismissed if You Renew Registration?

Yes. Courts often dismiss expired-registration tickets when renewal occurs promptly and proof is presented. For example, the City of Frisco explains that compliance dismissals are available when the registration is updated and any administrative fee is paid within the set deadline. Acting quickly improves the likelihood of avoiding the full fine.

Could Driving With an Expired Tag Lead to Other Penalties?

Yes. Expired tags can create challenges beyond a traffic ticket. Law enforcement may impose additional consequences such as impoundment. Insurers may also raise questions about liability in an accident. Taking care of expired registration right away reduces the risk of fines, higher costs, and legal complications.

How Can I Avoid Forgetting to Renew My Texas License Plate?

Your registration should be up for renewal at the same time each year. You should start looking for renewal notices in the mail about a month before.

The best way to avoid a lapse in your registration is to renew it as soon as you get notified. People tend to not worry about it because they know they have weeks to get it done. Then they set the envelope down somewhere and forget about it, as they have many other things going on in their lives.

Steps to Take After an Accident with an Expired Tag

These are some of the steps you should take after a Fort Worth car crash that happened when your tag was expired:

  • Renew Your Tag: If your tag is expired and you are involved in an accident that was not your fault, one of your first steps after the accident is to get your license plate renewed as soon as possible.
  • Document the Accident: Gather evidence from the accident scene, including photos, witness statements, and police reports. This information is crucial for building a strong case.
  • Consult an Attorney: Reach out to our experienced lawyers to see how we may be able to help you maximize your compensation, even when the insurance company tries to deny or underpay your claim.

How Anderson, Cummings & Drawhorn, LLP Can Help Texas Drivers

Wondering how much is a ticket for an expired tag and how it may affect your accident claim? At Anderson, Cummings & Drawhorn, LLP, we fight insurers who try to use expired registration against Texas drivers. Call 817-920-9000 today for a free case review and let our team pursue the compensation you deserve.

Local. Licensed. Lawyers. Ph: (817) 920-9000.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive guidelines. This page was approved by attorney Seth Anderson, whose team has more than 50 years of combined legal experience in helping victims of personal injury seek justice.

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