Can I Still File a Lawsuit in Texas if My License was Expired?

By Anderson, Cummings & Drawhorn, LLP on January 22, 2021

Texas driver's license and Social Security card on a computer keyboard

In Texas, the insurance company of the at-fault driver is the one that pays for any injuries or property damage after an accident. This means that even if your driver’s license was expired at the time of the crash, you should still have the legal right to file a claim.

Table of Contents

Before filing a claim with the insurance company, it would be in your best interest to speak to a Fort Worth car accident lawyer who may be able to help you through the legal process. This is particularly true if your license was expired when the crash happened.

Can My Claim in Texas be Denied by the Insurance Company?

Insurance companies look out for their own interests, not those of accident victims. That is why they will try to either deny or devalue your injury claim if your driver’s license was expired at the time of your accident. They will likely try to make the argument that you should not have been on the road and therefore they are not liable for your injuries.

However, that is not entirely true. An expired license is a minor offense and was not what caused your accident. The negligent driver who hit you is the one responsible and therefore his or her liability insurance should be responsible for paying your medical bills and other damages. As the victim, it is your responsibility to prove the other driver’s negligence. Having the right attorney on your side could make all the difference.

Our attorneys are prepared to help you prove the negligence of the other driver and are prepared to take the claim to court if the need arises. We have recovered millions on behalf of our clients, many of whom were crash victims.

What if I was Partially at Fault?

If you were found partially at fault for an accident with an expired driver’s license, you are still legally allowed to file a claim. Remember, Texas has modified comparative negligence laws that specify how a claim is handled if both parties are found partially at-fault for an accident.

Depending on the percentage of fault assigned to you, your compensation could be reduced by that amount. Our attorneys stand ready to help maximize your recovery by negotiating with the insurance company.

Penalties for Driving with an Expired Driver’s License

Driving with an expired license is illegal and you will likely face repercussions. In Texas, the penalty for driving with an expired license is a maximum fine of $200 plus a $100 surcharge per year for up to three years.

If you are involved in an accident while your license is expired, one of the first steps you should take is to renew it online, by phone or even by mail.

Have More Questions? Call Today

Filing an injury claim after an accident is stressful and could become complicated if you have an expired license.

Our attorneys are prepared to answer any questions you may have about your potential claim in a free consultation. If you choose to hire us to represent you during your injury claim, we do not charge you anything up front and only get paid if we recover compensation on your behalf.

Call today to get started: (817) 920-9000.

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.

Recent Blog Posts

Highway car accident.

What Drivers Should Know About Chisholm Trail Parkway Accidents

November 11, 2026

Drivers involved in a Chisholm Trail Parkway accident should know that unsafe lane changes, following too closely, speeding, distracted driving, merging, and changing roadway conditions can all contribute to a collision. The Parkway runs from Fort Worth through southern Tarrant County toward Cleburne, connecting communities including Fort Worth and Burleson....

Read Article
ATV rollover.

Common Causes of Serious ATV Accidents in Texas

November 04, 2026

Serious ATV accidents in Texas often result from careless or reckless riding, excessive speed, inexperience, impaired operation, improper passengers, unsafe terrain, or mechanical problems. These crashes can cause severe injuries because ATV riders don’t have the protection provided by an enclosed passenger vehicle. ATV riding is common on Texas ranches,...

Read Article
Two crashed cars.

How Dallas-Fort Worth Growth is Increasing Traffic Accident Risks

October 27, 2026

Dallas-Fort Worth’s rapid growth is putting more people, vehicles, construction activity, and development on North Texas roads, increasing traffic conflicts that can contribute to serious accidents. The North Central Texas region continues to add hundreds of thousands of residents, increasing demand on roads throughout the Dallas-Fort Worth area. Fort Worth,...

Read Article

Request a Free Case Evaluation

Tell us about your accident and your injuries. An injury lawyer from our team will call and provide you with a free evaluation of your case. If we can help, and you are unable to travel, we will come to your home, office, or hospital. It’s easy – let’s get started.

  • Disclaimer

Give Us A Call

We are always available to discuss your case. Give us a call at (817) 920-9000.

Email Us Anytime

Email us anytime and we will get back to you.

We’ll Come To You

Our attorneys will come to your home, office or hospital at your convenience.

Available 24/7

Our team is ready and waiting to help you today.

Fort Worth, TX Office

4200 W Vickery Blvd
Fort Worth, TX 76107

Directions