Pursuant to §601.051 of the Texas Transportation Code, no person may operate a motor vehicle in this state unless financial responsibility for that vehicle is established. §601.051 also lists the various methods of establishing financial responsibility, however, proof of liability insurance is the most common.
citation consequences
A citation for failing to provide proof of insurance or maintaining financial responsibility (fmfr) can have serious consequences. A second or subsequent FMFR conviction will result in your driver’s license being suspended. Furthermore, not having liability insurance makes you personally liable for any and all costs associated with an accident for which you are proven to be at fault. therefore, it is important to maintain insurance on your vehicle at all times.
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have the citation dismissed
coverage check
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If you were issued a citation for no insurance or failure to provide proof of financial responsibility and you had valid insurance at the time of the citation, you must file proof of insurance coverage with the court within 15 days of appearance in order for the judge to dismiss the summons. any other dismissal required a court appearance. The following items must be provided so the court can verify your coverage:
- date the policy became effective and expiration date
- make, model and year of each covered vehicle
- name and address of each person on that policy
- name, address, and phone number of insurance company
- policy limits or a statement from the insurance company that meets the minimum amounts of liability insurance required for that particular vehicle
- policy number
If the evidence presented to the court does not contain all six requirements, your evidence will not be accepted without court approval. the best document is the declaration page of your auto insurance policy. if not available, an insurance card will be accepted if it includes the six items above. A letter from your insurance company with all of the above information will also be accepted if the declaration page or card is not available.
driving someone else’s car citations received while operating someone else’s car will require you to show proof that the other person allowed you to drive that vehicle and that you are not an excluded driver under that policy for sure . a signed and dated letter from the registered owner stating that you had their license to drive the car is sufficient.
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Unlicensed driversPlease note that few, if any, insurance companies will take responsibility if an unlicensed driver is operating the vehicle. therefore, unlicensed drivers are almost always excluded from an insurance policy.
do not check valid coverage
Once proof of liability insurance is received by the court, the clerk will verify coverage with the insurance company. If vehicle and driver insurance is valid, no additional appearances or fees will be required. If you did not have valid insurance at the time of the citation, you will be responsible for paying any fines and costs assessed for that violation.
However, you can still apply for deferred disposition/parole to avoid a conviction on your driving record and ensure affordable insurance in the future. A defendant will not be eligible for deferred disposition/parole unless he or she has purchased valid liability insurance.
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