Is Texas a No-Fault State? (2024)

FAQs

Is Texas a No-Fault State? ›

Texas is not a no-fault state.

States with a no-fault system are not focused on determining who was responsible for an accident. Instead, each party in the accident turns to their insurance company for compensation, regardless of who is responsible. This streamlines the post-accident claims process.

Generally speaking, the elements of fault in a Texas auto collision include: The negligent driver had a duty of care to the victim. The negligent driver failed to uphold the duty of care and caused the accident.

As in many states, Texas maintains modified comparative fault when determining recovery. Specifically, Texas follows the 51 Percent Bar Rule. This states that the damaged party is unable to recover damages if he or she is deemed 51 percent at fault, or more.

Florida, Kansas, Hawaii, Massachusetts, Minnesota, Michigan, New Jersey, New York, North Dakota, Pennsylvania, Kentucky and Utah are the states with no-fault car insurance laws. All no-fault states include Personal Injury Protection as part of their minimum car insurance requirements.

Although Texas allows for no-fault divorces, it also recognizes a number of “grounds” for divorce, including cruelty, felony conviction, abandonment, mental confinement, living apart, and adultery. Citing a reason or a ground for divorce can be advantageous to the wronged party.

Yes, all accidents will appear on your driving record if reported by law enforcement or another driver. The only way your accident will not appear is if it was never reported or if you live in a state that does not report them.

Texas is an “at-fault” or “tort” state, this means that the at-fault driver (and their liability insurance) pays car accident injury claim compensation. Generally speaking, when you're hurt in a car wreck, you have two options: File a “third-party” injury claim with the at-fault driver's insurance company.

Because Texas is an at-fault state, you have the right to pursue compensation for your injuries and property damage from the responsible party. You should prioritize your safety, seek medical treatment, report the accident, and contact a lawyer.

Contact a Houston Car Accident Lawyer to Help You With Your Claim. You are not required to hire a lawyer after a car accident that wasn't your fault. However, hiring an experienced lawyer can help you prove the other driver was at fault and collect financial compensation from them.

Can I be sued for a car accident Texas? ›

Lawsuits over car accidents may be filed up to two-years after the collision in Texas unless the injured party is a minor. Minors have until their 20th birthday to bring a claim for their personal injuries and medical bills post age 18.

Average Car Accident Settlement Amounts in Texas

According to the Insurance Information Institute, the average car accident settlement for claims with bodily injury in 2022 was $22,734 in Texas, higher than the national average of $19,691 in 2021. Claims for property damage alone averaged $5,314 in 2022.

In Texas, the Department of Public Safety (DPS) is responsible for maintaining driving records and providing guidelines for insurance companies regarding at-fault accidents. According to the DPS, at-fault accidents will generally stay on your driving record for a period of three years from the date of the accident.

Texas is an at-fault insurance state, not a no-fault state. This means that if you've been in a car accident, the at-fault driver is responsible for paying the damages caused by the accident. Below we will examine how this differs from a no-fault state and how it might impact your car accident claim.

What are the disadvantages of a no-fault state? Drivers in no-fault states are typically only allowed to file lawsuits if certain severe injury conditions are met. Bodily injury claims that fall below the state's tort liability threshold are covered by the injured party's PIP coverage instead.

Virginia and New Hampshire are the only two states that don't require car insurance coverage. In Virginia, an uninsured motor vehicle fee may be paid to the state, while in New Hampshire, vehicle owners have the option to post cash bonds or hold savings accounts to cover liability limits.

In Texas, these can include: Fines from $175 to $350 for a first offense, and up to $1000 for a subsequent offense. Having your driver's license suspended (for repeat offenders) Having your car impounded for 180 days (for repeat offenders).

Unfortunately for Texas employees, Texas is not a “for cause” state. Instead, Texas has adopted employment-at-will. So when a Texas employee claims “wrongful termination” what he or she really means is “illegal termination.” In Texas, for a termination to be illegal, it must violate a law, statute, or regulation.

Unfortunately, Texas does not have a law prohibiting insurance companies from raising your premium for a not-at-fault accident. However, not every insurance company has the same approach to rate increases after not-at-fault accidents. Some companies will only increase rates if the driver is 50% at fault or more.