Is Texas a No-Fault State for Car Accidents?

No, Texas is not a no-fault state. Texas operates under an at-fault system, meaning the driver who caused the accident is responsible for covering the injured party’s losses. If you suffered an injury in a crash that was not your fault, you must file a claim with the at-fault driver’s insurance to seek full compensation.

What Does No-Fault State Mean?

States handle car accident claims in one of two ways: fault-based systems and no-fault systems. Identifying the type of state law determines how your auto accident claim will work.

In a no-fault state, each driver files with their own insurer after a crash, regardless of fault. These states require Personal Injury Protection (PIP) coverage for medical bills and lost income, but limit the ability to sue the at-fault driver directly. They can only pursue fault-based compensation under limited circumstances.

In a fault-based state like Texas, there is no such restriction. If another driver caused your accident, you can file a claim against their insurance or file a personal injury lawsuit to pursue full compensation.

How Does Texas’s At-Fault System Work?

In Texas, the at-fault driver’s liability insurance is the primary source of compensation. The Texas Department of Insurance requires a minimum 30/60/25 coverage:

• $30,000 per person for bodily injury
• $60,000 per accident
• $25,000 for property damage

If the at-fault driver does not have enough insurance, you can file under your own uninsured or underinsured motorist coverage or pursue the driver directly through a lawsuit.

What Damages Can You Pursue After a Texas Car Accident?

One advantage of Texas’s at-fault system is that injured drivers can pursue the full range of damages under state law. After a crash caused by another driver, you can recover:

• Medical expenses: All costs related to treating your injuries, including emergency care, hospital stays, surgeries, follow-up visits, and ongoing rehabilitation.
• Lost income: Income you lost while recovering, plus compensation for reduced earning capacity.
• Property damage: The cost to repair or replace your vehicle and any other personal property damaged in the crash.
• Pain and suffering: Compensation for physical pain, emotional distress, and the ways the accident has affected your quality of life.

These non-economic damages are not available under no-fault coverage, which is why at-fault claims often produce higher recoveries.

Injured In A Texas Car Accident? Call Our Car Accident Lawyer Today

When you need to file a car accident claim, you need the right car accident attorney on your side. Marc Chavez has been named a Super Lawyer for each of the last four years, placing him in the top five percent of Texas attorneys, and he handles every case personally, so you always know who is working for you.

Marc Chavez Law Firm represents car accident victims throughout Texas in English and Spanish. Call (512) 337-9774 or contact us online for a free consultation. You pay nothing unless we win.