Is Texas a No-Fault State?

States are generally divided into two types of insurance systems when dealing with car accidents: fault states and no-fault states. The system the state uses impacts who is responsible for paying for the damages accident victims sustain and the insurance company they file their claim with.

How No-Fault States Handle Car Accident Cases

In a no-fault state, drivers typically have personal injury protection (PIP) insurance coverage. This insurance coverage pays for the victim’s medical expenses and certain other accident-related expenses regardless of who was at fault for the accident. So, each driver turns to their own insurance company for coverage. The property damage portion of the claim is usually handled by filing a claim against the at-fault driver’s insurance provider.

When states mandate PIP coverage, the injured victim generally cannot sue the driver responsible for the accident. There are typically exceptions, such as if the victim suffers a serious injury or their medical expenses exceed their coverage.

How At-Fault States Handle Car Accident Cases

In at-fault states, the driver determined to be at fault for the accident is responsible for paying for the damages they caused in the accident. Typically, the injured victim files an insurance claim with the at-fault driver’s liability insurance provider. When liability is in dispute, fault may be determined with evidence such as:

• Police reports
• Eyewitness statements
• Videos from traffic cameras, dashcams, or nearby surveillance cameras
• Photos of the accident scene, skid marks, and vehicle damage
• The location and intensity of damage to each vehicle
• Accident reconstruction opinions

Which System Does Texas Use?

Like 37 other states, Texas is an at-fault state for car accidents. Therefore, car accident victims typically file a claim with the at-fault driver’s liability insurance provider. In Texas, all drivers must be covered with the following minimum liability insurance:

• $30,000 for injury to one person
• $60,000 for injury to two or more people
• $25,000 for property damage

An experienced San Antonio car accident lawyer can help prepare your claim for compensation. Depending on the circumstances, you may be able to recover compensation for the damages you sustained in the accident, including:

• Medical bills stemming from the accident, including ambulance charges, emergency treatment, hospital stays, surgeries, diagnosis tests, medication, rehabilitation, and therapy
• Lost wages and reduced earning capacity
• Costs to repair or replace your damaged vehicle
• Pain and suffering
• Inconvenience and stress
• Permanent disabilities and impairments
• Mental anguish
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium

At The Aguirre Law Firm, PLLC, we strive to secure maximum compensation on your behalf.

Call Our Car Accident Lawyers Today for a Free Case Review

If you were injured due to someone else’s negligence, you should not have to pay the consequences. The Aguirre Law Firm, PLLC can explain your legal rights under the at-fault system, help prove the other driver was at fault, and guide you through the insurance claims process. Contact us today to arrange a free consultation with one of our experienced San Antonio injury lawyers.