Is Texas A No-Fault State?

As far as car accident insurance claims are concerned, there are two types of states–no-fault and at-fault states.

Whether your state has at-fault or no-fault laws affects the accident claim process and how you should pursue your recovery settlement.

In no-fault states, drivers file their claims with their own insurance companies, limiting your options to recover the damages caused by a negligent driver. If you live in an at-fault state, on the other hand,  you can file a claim with the other driver’s insurance company if you can prove they’re responsible for the crash.

Since the state in which the accident took place dictates the legal framework used to seek your settlement money, one of the most common questions people ask us is, “Is Texas a no-fault state or an at-fault state?”

Is Texas a No-Fault State — Key Takeaways

• Texas is NOT a no-fault state. Texas is an at-fault state, where the driver who caused the accident is responsible for paying the victim’s damages. 
• If you or a loved one suffered injuries at the hands of a negligent driver, state law entitles you to sue the at-fault driver for losses. Losses include medical bills, lost wages, loss of earning capacity, and pain and suffering. 
• Since Texas is an at-fault state, Texas law requires all drivers to carry a minimum amount of insurance coverage. The law requires enough liability coverage to pay for any property, financial, and medical damages they cause.
• Drivers can purchase uninsured motorist coverage to cover damages caused by unlawful drivers without insurance.

This article explains the differences between at-fault and no-fault states. We’ll also discuss how at-fault and no-fault laws affect accident claims, the legal process, and the recovery you’re entitled to.

Finally, we’ll review the benefits of a free consultation with a personal injury lawyer, who can help get you the recovery you deserve after incurring injuries in a car accident in Texas.

Is Texas a No-Fault State for Car Accidents?

No, Texas is not a no-fault state. In Texas, the driver responsible for the accident is liable for paying the damages. This makes Texas an at-fault state, where the laws allow those injured in a car accident to hold the negligent parties accountable for all damages they caused. 

Sometimes, the liable driver doesn’t have adequate coverage to cover your medical, financial, and mental damages. In these situations, Texas law allows you to sue the negligent driver’s insurance company to recover the difference between their policy limit and the damages they caused. 

How Do No-Fault Laws Affect Accident Claims? 

Unlike at-fault laws in states like Texas, no-fault laws affect accident claims by requiring both drivers to file claims with their own insurance companies instead of with the liable driver’s insurance. This speeds up the compensation process but limits your recovery options. 

If you were injured in an accident caused by a negligent driver in a no-fault state, it limits your options and rights for compensation in the following ways:

• No-fault states require Personal Injury Protection (PIP) insurance to pay for medical expenses after an accident, regardless of who was at fault.
• No-fault states restrict accident claims from suing for non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life.

That said, if injured in a car accident in an at-fault state like Texas, you file your settlement claim with the insurance of the driver who caused the wreck. Let’s discuss who pays for a car accident in Texas and your rights to financial compensation in an at-fault state.

Is Texas an At-Fault State? 

When it comes to car accident insurance claims, Texas is an at-fault state. At-fault states legally require a driver who is 51% or more responsible for the accident to pay the cost of all damages they cause. Their insurance policy is liable for all medical and financial damages they caused you. 

Who pays for a car accident in Texas?

Since Texas is an at-fault state, the person who pays for damages caused by a car accident in Texas is the negligent driver responsible for the accident. 

Texas uses a 51%/49% rule to determine compensation. If you are 50% or less at fault for the collision, you have the right to file a claim with the other driver’s insurance. A driver over 51% at fault loses their right to an insurance claim. 

Insurance companies will try to pay less by denying their clients responsibility. They may even try to claim that you were over 51% responsible, highlighting the importance of a free attorney consultation with a seasoned Texas car accident lawyer. 

What are my rights in a car accident in Texas? 

If you’re injured in a car accident in Texas, you have the right to sue the at-fault driver for the damages they caused to you and your life. These damages include medical bills, lost wages, loss of earning capacity, emotional stress, pain and suffering, loss of quality of life, and more.

That said, you’ll have to prove the costs of these damages and follow various legal processes to do so. Insurance companies will fight you every step of the way. Still, you can hire a seasoned Texas car accident lawyer from a firm such as Zinda Law Group on a contingency fee basis, meaning they only take a percentage of your settlement money if you win.

Was admitting fault after a car accident in Texas a mistake? 

You should avoid admitting blame after a car accident for which you aren’t absolutely positive you were more than 51% at fault, especially if you’re hurt or shaken up. 

Don’t take responsibility for an accident while you are still unaware of all the factors and circumstances that led up to the crash. Insurance companies will use that apology against you when it comes time to determine your settlement. Simply apologizing for an accident you didn’t cause can jeopardize your legal right to a settlement, allowing the other party to claim you admitted fault.

But if you’ve already admitted fault, it’s not too late, especially if you were confused or stressed. Contact our experienced car accident lawyers today for a free consultation, and we can go over your options.

At Fault Vs. No Fault: Bottom Line — Texas Is An At-Fault State

Texas is an at-fault state that holds the negligent driver financially responsible for all damages they caused in a car accident. 

If you or a loved one was involved in an automobile collision caused by an irresponsible driver, Texas state laws allow you to sue the negligent driver for a wide range of damages. These damages include medical bills, loss of income, loss of earning capacity, emotional distress, and pain and suffering.

At-fault states require all drivers to carry a minimum amount of insurance coverage that covers the average amount of financial and medical damages an accident causes. If the accident causes more losses than their policy can cover, their insurance company is responsible for covering the difference. 

Accidents happen. Drivers make mistakes. That’s what insurance companies are there for. However, insurance companies will deny their client’s responsibility and even resort to victim-blaming you for your damages to save money. 
If you were injured in a car accident, contact Zinda Law Firm today for a free consultation. We’ll go to your insurance company ourselves and fight for the money you’re entitled to. We’ll work to bust their policy limit if that’s what it takes, and you won’t pay a dime until we win.