Texas Transportation Code § 601.371 – Evidence of Insurance Required After a Car Accident
Table of Contents
Statutory Text:
Sec. 601.371. EVIDENCE OF FINANCIAL RESPONSIBILITY FOLLOWING ACCIDENT.
(a) The operator of a motor vehicle that is involved in an accident resulting in injury to or death of a person or damage to the property of any person of an apparent extent of at least $1,000 shall furnish evidence of financial responsibility in effect at the time of the accident:
(1) to any peace officer investigating the accident; or
(2) if the accident is not investigated by a peace officer, to the Texas Department of Public Safety not later than the 10th day after the date of the accident.(b) Evidence of financial responsibility must reference the motor vehicle operated at the time of the accident and may include a liability insurance policy, bond, or certificate of self-insurance.
What Does This Law Mean for Injury Victims?
This law requires any driver involved in an accident to provide proof of liability insurance or other financial responsibility either to police at the scene or to DPS within 10 days.
For injury victims, this:
Helps identify whether the at-fault driver is insured
Strengthens your legal case when the driver fails to comply
May trigger your uninsured motorist (UM) coverage
Supports arguments for negligence per se if no proof is provided
It also helps you or your attorney confirm the legitimacy of the at-fault driver’s coverage early in your claim.
Example Scenario
You are injured in a multi-car pileup, and one driver fails to produce an insurance card. The police cite them under § 601.371 for failure to provide proof. Your attorney uses this violation to file a UIM claim and document negligence per se, bolstering your injury claim with both insurers and the court.
When This Law Applies
§ 601.371 is triggered any time there is:
Bodily injury or death, or
Vehicle/property damage over $1,000, and
The other driver fails to show valid insurance immediately
If police are involved, the requirement applies at the scene. If no police are present, the other driver must report to the Texas DPS within 10 days.
Related Statutes
§ 601.051 – Financial Responsibility Requirement
§ 601.191 – Penalty for Driving Without Insurance
§ 601.376 – Suspension for Failure to Prove Insurance
§ 1952.101 – UIM Insurance Protections
§ 541.060 – Bad Faith Insurance Conduct
Texas Case Law Interpreting § 601.371
Reinforced that failure to furnish timely insurance proof supports enforcement and may indicate negligence.
Confirmed that drivers failing to comply with this statute are subject to license suspension.
Frequently Asked Questions About § 601.371
Houston Personal Injury Lawyer - Joel A. Gordon
They may be cited and fined, and their driver’s license may be suspended. This helps your attorney establish liability.
Yes. You can pursue compensation through your UM policy, and use their failure to show proof as evidence of negligence.
No. If any injury occurs, the statute applies regardless of property damage amount.
The other driver still has a duty to report to DPS within 10 days. Failure to do so can lead to penalties and strengthens your case.