The law on car accidents and car insurance is complicated. It’s common to hear many terms tossed about when you’re purchasing insurance. And, if you’ve been involved in an accident, friends in other places may try to give you their best advice. However, the law on car accidents is state specific. Texas is not a no-fault state for car accidents. Here’s what that means.
No-Fault vs. At-Fault
When it comes to the law on car accidents and insurance coverage, some states are “no-fault states” and some states are “at-fault states.”
- No-fault states: In no-fault states, drivers are required to carry insurance that insures themselves in a crash, at least up to a set financial limit. This type of insurance is also called Personal Injury Protection (PIP). If the crash occurs, the driver’s own insurance covers the damage, no matter who caused it.
- At-fault states: Also called “tort states,” at-fault states require the insurer for the driver who caused the accident to cover the damages. In at-fault states, the law allows personal injury victims to hold drivers accountable for the harm they caused.
Only 12 states have no-fault insurance laws. Like the majority of states, Texas is an at-fault state for car accident insurance coverage.
How Our At-Fault Insurance Laws Work in Texas
Texas law requires drivers to carry certain minimum limits of insurance coverage on their vehicles. The coverage goes to pay for damage to property or injuries the driver may accidentally cause in an accident.
When one driver clearly caused the accident, things remain straightforward. However, most accidents involve some degree of fault by more than one driver. For example, one driver may have caused the crash, but the other may have contributed to it by speeding.
When both drivers are partly at fault, Texas law accounts for the scenario by applying partial fault liability (also called comparative fault liability). In these cases, the court determines the percentage each driver was at fault, and then apportions the damages accordingly.
Hold Negligent Drivers Accountable for the Harm They Cause
In an at-fault state, the law reflects a strong belief in holding people accountable for their actions. If you need help forcing a negligent driver to take responsibility for the harm they caused you, contact our Texas law firm for a confidential consultation. We have the experience necessary to get you the compensation you deserve under Texas law. Just call us at 972-450-1418.