Is Texas a No-Fault State? What Drivers Need to Know

Many drivers are unsure whether Texas follows a no-fault or at-fault system after a crash. That confusion matters because taking the wrong approach to an insurance claim can affect both timing and recovery. After an accident, questions pile up quickly and insurance companies often begin calling before you fully understand your rights.

At Galvan Law Group, we help injured Texans make sense of the legal and insurance issues that follow a collision. In this article, we explain whether Texas is a no-fault state, how fault affects your claim, and what steps you can take to help protect your right to compensation after a wreck.

What Is the Difference Between At-Fault and No-Fault Insurance?

In a no-fault system, each driver’s own policy pays for medical bills after a car crash, no matter who caused it. These policies are built to get treatment started and keep lawsuits to a minimum. Property damage can still be handled by the at-fault driver’s insurer in those states.

Texas uses an at-fault system, often called tort liability. The driver who caused the collision is financially responsible for the harm. If you are hurt, you seek payment from the negligent driver’s insurance and file a lawsuit when needed.

How Texas Car Accident Laws Determine Liability

Liability in Texas depends on proof. Courts and insurers look at what each person did or failed to do, then assign percentages of fault. Your recovery lines up with those numbers.

The Fault-Based System in Texas

The negligent driver’s insurance is generally responsible for paying for vehicle repairs and bodily injury. That coverage usually includes medical bills, lost income, and other losses tied to the crash.

To win money in an at-fault claim, you must show negligence. That means the other driver had a duty to drive safely, breached that duty, caused the crash, and you suffered damages. Strong evidence turns those points into a clear story.

Modified Comparative Fault Rule (The 51% Bar)

Texas follows a modified comparative negligence rule under Chapter 33 of the Texas Civil Practice and Remedies Code. You can recover compensation only if you are 50 percent or less at fault. The court reduces your recovery by your percentage of responsibility.

Picture this: a jury finds you 30 percent at fault and values your damages at $100,000. You can collect $70,000, which reflects the fault split. If your fault hits 51 percent, you collect nothing from the other driver.

Minimum Auto Insurance Requirements in Texas

Texas drivers carry liability insurance to pay for injuries and property damage they cause. There are also optional coverages that can help pay your bills faster or protect you from drivers who carry too little insurance.

Mandatory Liability Limits (30/60/25)

Texas law requires at least $30,000 for bodily injury per person, $60,000 per accident, and $25,000 for property damage. People call this 30/60/25 coverage. These limits sit at the floor, not the ceiling.

Serious wrecks can pass those limits quickly. One hospital stay, a totaled SUV, or a multi-car pileup can blow past $25,000 in property damage and $60,000 in combined injury claims. Higher limits give you better protection if someone pursues you for the amount above your policy.

Optional Personal Injury Protection (PIP) Coverage

PIP is automatically included in Texas auto policies unless you reject it in writing. It pays medical bills and a portion of lost wages, and it does not depend on fault. That fast access to benefits can steady your finances while liability gets worked out.

Uninsured/Underinsured Motorist (UM/UIM) Coverage

UM and UIM coverage protect you if the at-fault driver carries no insurance, too little insurance, or takes off after the crash. Hit-and-run claims are often handled under UM. Many Texans view UM and UIM as a must-have safety net for the worst days on the road.

The main coverages most drivers ask about are shown below. Use this as a quick reference while you review your policy.

Coverage Type	Required in Texas	What It Pays	Notes
Liability, 30/60/25	Yes	Other people’s injuries and property damage when you are at fault	Does not pay your own medical bills or repairs
Personal Injury Protection, PIP	Included unless rejected	Your medical bills and part of lost wages, regardless of fault	You can decline it in writing
UM/UIM	Offered by insurers	Your injuries and losses when the other driver has no or too little coverage	Often applies to hit-and-run crashes
Collision	No	Repairs to your vehicle after a crash	Usually includes a deductible
Comprehensive	No	Non-crash damage, like theft, hail, or fire	Usually includes a deductible

Policies vary. A quick check with your agent can confirm what is active and what limits you carry.

Proving Fault and Dealing with Insurance Adjusters

Winning an injury claim takes proof, persistence, and timing. Adjusters move fastand their questions can feel harmless at first. A careful plan from day one gives your case a better shot.

Gathering Crucial Evidence at the Scene

Collecting solid proof early can shape the entire claim. Here are items that help build a clean record of what happened and how you were hurt:

• Police crash report, case number, and officer contact details.
• Names, phone numbers, and short statements from witnesses.
• Photos or video of the scene, vehicle positions, skid marks, debris, and road conditions.
• Traffic camera or dashcam footage, if available.
• Repair estimates and appraisals for every vehicle involved.
• Medical records, imaging, prescriptions, and a diary of your symptoms.

Get medical care right away, even for pain that feels minor. Early treatment documents injuries, ties them to the crash, and strengthens your claim.

Countering Insurance Company Tactics

Adjusters often push for quick recorded statements or dangle a low first offer. Small talk can turn into leading questions that chip away at liability or downplay injuries.

Sabrina Galvan knows these playbooks from her work at insurance defense firms, and she uses that insight to push back. Our firm anticipates pressure points, keeps communication tight, and fights for fair numbers backed by proof.

Types of Compensation Available for Injured Drivers

A serious collision hits more than your car. Medical costs pile up, work gets missed, and daily life gets harder for a while. Texas law allows recovery for both financial losses and human losses that are harder to measure.

Economic and Non-Economic Damages

Economic damages cover the money you lose or spend due to the crash. Non-economic damages address the personal harm that does not come with a receipt.

• Economic: past and future medical bills, lost income, loss of earning capacity, and vehicle repair or total loss value.
• Non-economic: pain and suffering, physical impairment, scarring, disfigurement, and mental anguish.

Strong documentation supports both categories. The more complete your records, the clearer your damages look to a claims adjuster or jury.

The Two-Year Statute of Limitations

Texas gives injured people two years from the crash date to file a personal injury lawsuit. Miss this deadline and your case can be barred, no matter how strong the facts looked.

Fast action helps preserve video, capture witness memories, and line up medical proof. If you are unsure about timing, call sooner rather than later and protect your options.

Protect Your Rights With Galvan Law Group

Galvan Law Group stands up for injured Texans against big insurers with deep pockets. Sabrina Galvan’s time on the defense side, paired with years helping crash victims, gives our clients a real edge in tough cases.

If you were hurt in a car or truck wreck, reach out for a consultation, and we will go over your story, your records, and the next steps. Call 214-556-6957 or visit our contact page to connect with our firm.