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.
Texas Is a Tort State, Which Mean Texas Is an At-Fault State
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!
How an Auto Insurance Company Pays for Car Accidents
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.
Will Adams Law Has Helped Thousands of People Like You
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!
Schedule Your Free Consultation Today
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.

If you experienced injuries after a car accident caused by a negligent driver, make sure you get all the medical attention you need. Shoulder injuries, such as a rotator cuff tear, are common during vehicle collisions and can be slow to heal.
Your shoulder is one of the weaker joints in your body, which makes it more likely to suffer an injury. During a car accident, you may experience unexpected high forces on your muscles, tendons, ligaments, and bones, which can cause these important parts to strain, tear, fracture, or break.
If you were a passenger in the vehicle of a friend or family member, you may be hesitant to seek a shoulder injury case against someone who is important to you. However, it is not your friend or loved one who will pay for your bills. It is their insurance company – most likely their auto policy, but there are other insurance companies that may cover the settlement.
Car accidents can and frequently do cause herniated disc injuries. If you’re experiencing symptoms of a herniated disc following a car accident, you shouldn’t ignore the pain. Make sure to see a doctor immediately and carefully follow their treatment plan.
The spine is a very complex and important structure that stretches from your neck to your lower back. Your spine consists of bones called vertebrae, a spinal cord full of nerves, and many other components like muscle that help hold everything in place. Your spine also contains discs, which are small cushions between the vertebrae that keep the spinal bones from pushing on each other.
Because the spine is so complex and so vital to the human body, spinal injuries are often very complex as well. And the symptoms of a spinal injury can be very hard to predict.
Many factors affect how much compensation you can recover in a personal injury claim. A herniated disc can have a wide range of treatment options and outcomes that affect the costs involved. In general, the more severe your injury and the more extensive your medical treatment, the more compensation you can potentially recover.
If you were involved in a car accident with an Amazon delivery driver, you may have questions about whether Amazon is liable for your lost wages, medical bills, and pain and suffering. However, the answer will vary depending on your situation.
So, how do you ensure that you get the compensation and answers you deserve after an Amazon delivery truck accident? Regardless of who was at fault, or who was involved in the auto accident, it is very important to follow these steps.
While people should consult with a personal injury lawyer after any car accident, this is especially true after a wreck with an Amazon delivery driver. An attorney can help you identify each and every insurance policy that covers your claim, document your injuries, and calculate your losses.
In Texas, failure to yield while turning left was the fifth most common accident cause in 2021, followed by failure to yield at a stop sign as the sixth. This is because many drivers roll through stop signs, speed through intersections, and make improper left turns.
If you or someone you love is involved in a failure to yield crash, you can take some simple steps to protect your family.
Someone who does not yield the right of way might face both civil and criminal sanctions. First, simply failing the yield the right of way is a Class C misdemeanor in Texas, and you might face fines, points on your license, and other criminal penalties.
Often, the at-fault driver will try to avoid taking responsibility when a collision occurs. The police report of the accident will carry weight with insurance companies, so if the police believe the other driver is not at fault, you may struggle to receive the right help with auto repairs, medical bills, and more.
The last thing you need as you heal is a legal battle that feels like a wild goose chase, which can happen if you try handling the early stages of a motorcycle accident case yourself.
The minimal protection motorcycles offer leaves bikers vulnerable to other vehicles and the road itself. Too often, this means catastrophic injuries, such as traumatic brain injuries (TBIs), paralysis, or even death following a motorcycle accident.
Insurance companies can tell when an injured person is pursuing compensation on their own, without the help of legal representation. Adjusters are trained to close claims as quickly and cheaply as possible, and the situations above help them do so, especially if you aren’t fully prepared to fight back.
The reality is that there is no “average” amount of time it takes to settle a dog bite claim. Some cases settle in no more than a few weeks, if the facts are clear and everyone involved is cooperative. Others can drag on for months or even years after the initial dog bite, putting ever greater stress on dog bite victims and their families.
Dog bite settlement amounts can vary significantly based on the specific circumstances, from as little as a few hundred dollars to hundreds of thousands.
Unfortunately, sometimes claimants can be their own worst enemies when it comes to getting a fair settlement quickly and efficiently. The claims process is complicated, and insurance companies do not hesitate to use that to their advantage.
Considering where your hands are when you’re driving, it’s not surprising that they often end up with serious injuries from traffic crashes. Even if you weren’t driving, thrusting your arms out to brace for impact means your hands likely sustained a great deal of force in the accident.
It’s always important to see a medical professional if you have pain or visible injuries to your hands or wrists after a traffic accident. Injuries to your neck, shoulders, and arms can also cause hand issues, such as tingling, weakness, and pain.
If you have been injured because of someone else’s carelessness or recklessness, it’s worth your time to speak with a personal injury lawyer about your car accident. Even if you aren’t catastrophically injured, experienced legal guidance can make a difference when it comes to your financial compensation.
While no one can snap their fingers and restore your sense of safety after being hit by a car, the right
First, let’s be clear what a settlement is. A settlement in an agreement between parties involved in a legal case. Settlements compensate for the financial losses (also called damages) after an accident or crash that wasn’t their fault, such as medical bills. A settlement specifies how much money the at-fault party should pay the injured person, which is typically paid out through an insurance policy.