If you have ever sustained injuries in a motor vehicle accident, you likely know how painful and emotional the aftermath of your accident can be.
You may also have realized just how complicated and stressful it is to navigate the insurance claims process.
According to the National Highway Traffic Safety Administration (NHTSA), there were nearly seven million total motor vehicle crashes in the United States in 2019.
There is no question that motor vehicle accidents can result in significant injuries.
These injuries may often lead to time away from work and monetary expenses in the aftermath of your accident.
So what do you do, and to whom do you turn to help you recover?
Ultimately, your next steps will come down to whether you live in a fault state or a no-fault state.
Thus, many people often wonder, is Texas a no-fault state for auto insurance purposes?
The short answer is no, Texas is not a no-fault state. Rather, it is an at-fault state. But what exactly does this mean for you?
If you’re looking for an attorney who will be an advocate in your corner as you navigate the Texas auto accident insurance claims process, give our team a call today at (254) 752-9688 or send us an online message.
Is Texas a No-Fault State for Car Accidents?
No, Texas is considered an at-fault state when determining liability for a car accident.
This essentially means that the at-fault driver in a car accident will use their insurance to pay for the expenses and property damage (e.g., vehicle repair) suffered by the other party.
Having said this, you likely (unless you opted out) have personal injury protection (PIP) coverage on your insurance policy.
PIP allows you to get your medical bill paid even before a determination of fault.
What is the Difference Between an At-Fault and No-Fault State?
Put simply, Texas is an at-fault state when it comes to auto accident insurance claims.
But to fully understand what this means for you, it is important to have a basic understanding of both at-fault and no-fault rules and the difference between the two.
No-Fault State Laws
As a general matter, auto insurance laws are a state-level decision. Thus, it’s up to each individual state whether it will impose fault or no-fault rules.
Many people often wonder, Is Texas a no-fault state for auto accidents? And while it is not, it is still a good idea to know what happens in a no-fault state.
In a no-fault insurance state, drivers must carry at least the minimum insurance required by statute to cover their own injuries and property damage.
And when an accident occurs, each party must file a claim with their own insurer. This is the case regardless of who actually caused the accident.
Essentially, even if another party was at-fault in causing the accident, you must still turn first to your own insurance carrier to file a claim and recover.
You can typically sue an at-fault party only if your damages are a certain type or exceed a certain threshold amount.
Fault State Laws
Texas, on the other hand, is an at-fault state.
Fault states, like Texas, use what is called a tort liability system. This means that the insurance carrier of the at-fault driver will be responsible for paying out the claim.
Rather than turning to your own insurer no matter what, you may turn to the responsible party to cover your expenses arising out of the accident.
So What Do Texas Fault Laws Mean for Me?
Texas at-fault auto insurance laws allow you to hold accountable the party that was actually responsible for causing the accident.
Thus, if another party caused your accident, you don’t have to file a claim with your insurer and pay a deductible or risk higher premiums.
Additionally, if the other party doesn’t have sufficient coverage to cover your expenses, you may also be able to sue the at-fault driver to recover the difference.
However, it is important to note that if you are the party that caused the accident, you and your insurer will be responsible for covering the costs of any resulting damages.
Get a Free Case Review from a Personal Injury Law Firm in Texas
The Texas at-fault insurance claims process can be complicated and difficult to navigate. Don’t feel like you have to manage the entire process on your own.
If you have questions about Texas fault rules and how they may apply to you, we want to help.
At The Zimmerman Law Firm, we have over 85 years of combined experience navigating personal injury and insurance disputes.
We are confident that we have the experience and resources necessary to fight for your rights and maximize your recovery.
Texas Personal Injury FAQs
How Long Do I Have to File a Claim?
The statute of limitations for a personal injury claim in Texas is two years.
This means that if you have to bring a lawsuit to recover damages, you must do so within two years of the date of the accident.
What If I Was Partially at-Fault in Causing the Accident?
While Texas is an at-fault state, it is important to note that Texas also uses modified comparative negligence rules.
Thus, if you were more than 50% at fault, you can’t recover from the other party at all. If you were partially at fault, but 50% or less, your total recovery will be reduced accordingly.
What If I Can’t Afford an Attorney?
At The Zimmerman Law Firm, we believe that money shouldn’t be a barrier to receiving competent legal representation.
That’s why you don’t pay us any fees unless and until we are able to recover compensation.