Is Texas a "No-Fault" State for Car Wrecks?

Are you wondering if Texas is a no-fault state? No – Texas is not a no-fault state; it is a comparative fault state. You must prove fault by the other driver to collect on an injury claim in Texas. Call a Houston car accident law firm for help with an injury claim.

What is a “No-Fault” Claim?

After a car accident in Texas, people often wonder if Texas is a no-fault state for car accident compensation claims.

The answer is NO; Texas is not a no-fault state. Texas is a comparative fault state.

In some states, the system is no-fault, meaning you can claim car accident compensation under your auto policy. Texas, however, does not adhere to this system of compensation. In Texas, you must prove the at-fault party caused the accident to collect compensation for the accident.

Texas Uses a Comparative Fault System for Car Accidents

In Texas, we use a comparative fault system to determine damages for personal injuries, such as auto accidents. In short, Texas is not a no-fault car accident state.

The claim is made through the at-fault person’s insurance company. If you are hurt in an accident with an 18-wheeler, your claim is against the truck driver or the trucking company, not the insurance carrier.

How are Compensation Claims Handled in Texas Auto Accidents?

Texas uses a comparative fault model for automobile accidents. This model asks the finder of fact, usually a jury, to decide who is responsible for causing the accident. The jury allocates fault based on the evidence at trial. The total fault is 100%. The judge uses the jury’s decision to figure out how much money the claimant should receive as compensation.

The at-fault parties’ insurance carrier typically pays damages, although the lawsuit is filed directly against the driver.

If you are in an accident and are not at fault or less than 50% at fault, the claim will be made with the negligent party’s insurance company. If the case cannot be satisfactorily settled, a lawsuit will be filed against the negligent driver, their employer, or another responsible party.

If the other driver did not have a liability policy during the crash, or your damages exceed the other driver’s policy limits. In that case, you may also want to claim your own insurance company if you have UIM or UM coverage. You also may be entitled to PIP or personal injury protection benefits under your auto insurance policy. PIP benefits are paid without regard to fault.

Examples of Comparative Fault in Texas

Example 1. You are in a car accident with another person who hit you from the rear while you were stopped at a red light. In this example, all faults will likely be placed on the other driver who failed to control the speed. So you would collect all of your damages.

Example 2. Like the prior example, you are struck in the rear. However, due to traffic stopping in front of you, you slammed on your brakes and hit the car ahead of you just before the other driver slammed into the back of your car. In this situation, the responsibility for causing the crash may be apportioned to you and the driver who hit you from the rear.

If the fault was determined to be 30% on you and 70% on the other driver, you could collect 70% of your damages. But if your fault is over 50%, you are barred from collecting damages in Texas.

What Are the Minimum Car Insurance Limits in Texas

In Texas, auto insurance requirements mandate that all drivers with registered vehicles have minimum liability coverage. Liability insurance is designed to protect the other party involved in an accident if you are at fault, covering their damages, injuries, or property damage.

1. At least $30,000 per person for bodily injury liability coverage: If you are responsible for an accident and the other party sustains injuries, your insurance will cover up to $30,000 for each individual’s bodily injury expenses.

2. At least $60,000 per accident for bodily injury liability coverage: This coverage extends the liability limit to $60,000 for all bodily injury expenses resulting from an accident you caused.

3. At least $25,000 for property damage liability coverage: If you are at fault in an accident and cause damage to someone else’s property, this coverage will protect up to $25,000 for repair or replacement costs.

While liability insurance is the most common way to meet Texas insurance requirements, alternative options exist. For instance, depositing a substantial amount of cash with the state government to self-insure is possible. A small number of larger companies use this approach. However, the deposit method is not feasible for a majority of drivers, who must purchase liability insurance.

It is worth noting that despite legal requirements, some Texas drivers have no car insurance. This underscores the importance of being adequately insured with UIM coverage to protect yourself and your passengers in an accident.

However, Houston has many accidents where the person at fault has no liability insurance.

Often, liability insurance coverage is above the minimum coverage in Texas. You may also be able to stack coverage with your auto insurance if you have uninsured or underinsured motorist coverage.

What Compensation Can I Get After a Car Accident in Texas?

We recommend hiring an attorney after your car accident to maximize your damages. Compensation will vary depending on how the accident occurred and the extent of your injuries. Here are a few examples of legally permissible compensation in Texas for a car accident injury:

How to Prove Fault in Car Accidents in Texas

In Texas, if you get hurt in a car crash, you need to show who caused it because Texas doesn’t have no-fault laws. Be ready to prove who is responsible. A jury decides who is responsible in cases that can’t be resolved. So, the first investigation and actions at the scene are very important.

Be Wary of a Driver Changing Their Story

It is common for people to change their story after admitting fault at the scene. This often happens once they talk to their insurance company or hire an attorney to defend them.

The best action is to hire an automobile accident attorney in Houston as soon as possible after the crash and let them do the initial investigation.

Witnesses are Helpful in Proving Liability

Witnesses to the crash are important. Getting their contact info right away can greatly impact the case’s result. Many rely upon the police officer investigating the crash to record the witness’s information on the crash report.

It’s a big mistake to rely on the officer after a crash. It’s a big mistake to rely on the officer after a crash. This is because if injuries don’t seem serious at first, the officer may not get the witness’s contact info. They may also not include it in the report.

Take Photographs

Taking pictures at the scene is a good idea. The photos should show the damage, how bad the crash was, where the cars ended up, and any other useful details. Photographs can show not only the severity of the hit but also the impact position and lane of travel.

Does a Ticket Mean the Other Person is Responsible?

Just because the other party receives a citation or a “ticket” is not binding upon the other insurance company regarding accepting liability or what a jury may determine.

Most traffic tickets are dismissed when fought, and evidence that the ticket was issued, barring conviction, probably will not be admissible in a Texas civil trial for personal injury damages.

If I’m Partly at Fault, Can I Still Collect Damages in Texas?

Yes, if you are partly at fault, you can still collect if you are not more than 50% responsible for causing an accident in Texas. If a jury or judge determines that you are more than 50% at fault, you will take nothing in the way of damages. In Texas, it does not matter if you are hurt in a car accident, construction accident, or another incident. If you are less than fifty-one percent at fault, you may be able to get compensation.

If you are partially responsible for the losses, the judge or jury will assign a percentage of fault to you. If this percentage is less than half. Your losses will be reduced by this percentage.

For example, if your damages were $100,000 and a jury found you 33 1/3% at fault and the other driver 66 2/3% at fault, your damages would be reduced to $66,666.66.

Can I Handle a Texas Car Accident Case Without a Lawyer?

Yes, there are many instances where you can handle a personal injury case on your own; however, do not expect the insurance company to treat you fairly without counsel.

The rule of thumb is that the more serious your injury, the more likely you will need a personal injury attorney to help you. Anyone with severe injuries such as a closed head or spinal cord injury or needing surgical intervention should speak with the best Houston personal injury attorney as soon as possible.

How Medical Care Impacts Your Damages

You must seek needed medical care as soon as possible after an accident. A big part of an insurance adjuster’s compensation evaluation will rely on what your treating doctors say and how much your medical bills total.

Some of the most important evidence on damages is a treating physician’s opinion on the injuries and damages sustained in the car accident.

Does Accepting Responsibility by the Insurance Company Mean I Don’t Need a Lawyer?

If the insurance company “accepts responsibility,” they are hoping you do not hire a lawyer so they can settle the case for much less than its real value.

After a car accident in Texas, victims often realize they need a lawyer. This realization typically occurs when they receive a settlement offer from the insurance company months later. Only then does the victim realize that the insurance company never intended to be fair.

Waiting too long to hire a good lawyer for your car accident can make it harder to find a quality attorney to help you. This delay could have negative consequences for your case.

It is possible that certain actions or inactions on your part may have a detrimental impact on your situation. There may be actions you took or didn’t take that could harm your case.

If I Speak to a Lawyer, Do I Have to Pay or Hire Them?

No, most reputable personal injury law firms offer initial consultations without cost. You can get a feel for the law firm through an initial consultation. If you feel they are hurrying to get you off the phone or sign you up, it may be best to look elsewhere.

Find an Experienced Car Accident Lawyer in Texas

Always do your homework before retaining a lawyer for a Texas car accident before you sign any paperwork with the lawyer. Be wary of a mill or high-volume law firm, as your case may be only a number to them. Finding the best auto accident attorney in Houston takes some research.

Be cautious of organizations’ claims about lawyers unless it is a peer-reviewed rating by other lawyers. Trust peer reviews for accurate information.

Most rating entities have a financial relationship with the law firm or the attorneys they are rating. The rating may be driven by the financial incentive paid to the rating agency. Look for an attorney who has punitive damage experience if your accident involved a drunk driver.