Is Texas a No-Fault State?

If you’ve been in a car accident, the most important thing to do is make sure you and anyone else involved gets to safety and receives medical treatment. But when the dust settles, you might start thinking about insurance claims, and who will pay for the damages.

The answer depends on whether you are in a no-fault state or an at-fault state. Texas is a tort state, which means the at-fault driver’s insurance should cover the costs of the accident and medical care (and that the answer to the question in this post’s title is “no.”).

Things can be complicated if fault is difficult to prove or if more than one driver is at fault. A car accident attorney like Will Adams Law Firm can be beneficial for proving who is at fault because they will have experience in knowing what to look for and what proof to provide.

RELATED: What Are the Main Types of Distracted Driving, and How Do You Prove Them After a Wreck?

If you’re wondering what the difference is between an at-fault state and a no-fault state, we can start by telling you that it’s rather significant.

In a no-fault state, when multiple vehicles are involved in an auto accident, each driver must file a claim with their own insurance company. It doesn’t matter who is at fault. Each driver’s personal coverage should pay out their insurance claims.

A state that uses the tort liability system, like Texas, is a state where the at-fault driver’s car insurance company is responsible for paying the claims related to the accident. This means they are responsible for paying for property damage, medical expenses, lost wages, and pain and suffering, plus the cost of future medical bills or lost earning potential. In a serious accident, these amounts can be substantial, and insurance companies often try to pay out the least they can get away with.

That is why it is always a good idea to speak to a car accident lawyer for a free case evaluation. Having someone like Will Adams Law Firm look at the details of your case and, if you have already received and offer from an insurance company, help you determine how fair that offer is can make a big difference for you.

Comparative Negligence Impacts Who’s Considered an At-Fault Driver

If more than one vehicle is at fault for the car accident, Texas follows the rules of comparative negligence, also known as proportionate responsibility. Basically, this means an injured person making a claim (the plaintiff) may see their compensation reduced if they bear some fault for the accident.

For example, if you’ve made a claim against another driver (the defendant) and they are found to be 60% at fault for the accident, then their insurance coverage is responsible for 60% of the total amount of damages. Looking at this another way, your compensation is then reduced by 40% (your percentage of fault).

Texas uses modified comparative negligence. This means that if you were more than 50% at fault, you have no right to receive compensation from the other driver’s insurance.

Comparative negligence defense is a tactic auto insurance companies might lean on to avoid paying fair compensation. If they can prove that you are partially responsible for the accident, they can then reduce the amount they’re responsible for paying.

If there is any question of fault, a skilled car accident attorney can help prove the facts of the accident. Having an experienced lawyer fight for you can give you the peace of mind you need while you recover from an accident. Don’t let the insurance companies push you around!

RELATED: Failure to Yield the Right of Way in Texas: Who Is at Fault?

If you’ve been in an accident, and you are not at fault, you need to get the other driver’s insurance information. Then you can file a claim with the insurance company of the at-fault party.

Every driver in Texas is required to have minimum coverage. We often call this 30/60/25 insurance, because the minimum liability limits are:

• $30,000 for bodily injury insurance (per person)
• $60,000 total per accident
• $25,000 for property damage

When you file a claim with the at-fault driver’s car insurance company, they may only pay out to these limits. In a serious accident, medical bills can easily exceed $30,000. What happens if the other driver’s insurance is not enough to cover your medical expenses, or if the other driver does not have any insurance?

Car accident insurance claims can get complicated. One option is to sue the other driver, but if they only have the minimum liability coverage or no insurance at all, they probably do not have enough money in the bank to cover your bills.

One possibility here is that you may be able to recover the remainder of your bills with your own insurance. If you have uninsured or underinsured motorist coverage (UM/UIM), that is designed to protect you in this scenario.

Another supplemental insurance option is your own personal injury protection (PIP) insurance. MedPay is another type of insurance that may cover medical bills for you and your passengers.

RELATED: What Causes Truck Accidents? And Who Pays if I Get Injured?

At Will Adams Law Firm, our staff has over 25 years of experience in defending the rights of people like you. We talk to auto accident victims daily to learn about the selfish and distracted drivers that put them in harm’s way. If you are struggling to find justice as the victim of a car accident, take advantage of our free consultation to tell us your story and let us see how we can help you receive the fair treatment you deserve.

Our firm knows the challenges of inadequate liability insurance, and how that can leave car accident victims floundering financially. We have in-depth experience investigating other insurance policies that can help you get back on your feet. We work hard so that the people in our community and state don’t have to feel like they are fighting giants alone!

We offer a free, no-strings-attached consultation so that you can tell us about your car accident and insurance claim, and we can walk you through your legal options. We’ll work with you, make sure you understand every step of the legal process, and empower you to make the best choices for your future.

Katy is our hometown, and we’re deeply committed to nurturing every attorney-client relationship. When an accident occurs, not only do we hold the at-fault driver accountable; we strive to treat the injured parties as we’d treat members of our own family.

To get started, call our office at 1-800-559-0593, or fill out our online contact form. We’ll get your free evaluation scheduled so you can focus on healing and stop worrying about the red tape.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.