Is Texas a no-fault Auto Insurance State?

In terms of car accident insurance claims, there are two types of states: fault or no-fault. Some hybrids may also exist. Knowing which state you reside in will help you to determine how you can claim compensation for injuries sustained in a car accident. You can file a claim with either your insurance company or that of the other driver depending on whether you are in a fault state or not. Texas is a tort-based state. This traditional system states that the person responsible for car accidents is the one who caused them. Texas is not a state that accepts no-fault.

Texas Liability Laws

The law requires every driver in Texas to carry minimum amounts of insurance. These amounts include $30,000 per person in bodily injury insurance, $60,000 per accident and $25,000 for property damage repairs. Both drivers are financially protected by automobile insurance. It protects both the at-fault driver and the non-at-fault driver by preventing them from having to cover the costs of repairs. Driving without Texas insurance can result in fines and penalties as well as the loss of your driver’s licence.

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All drivers involved in a Texas car accident must decide who is at fault. This process can be easy or complicated depending on the circumstances. Once you have established the cause of the accident, you will be able to file an insurance claim with the driver’s insurer. Call the insurance company and tell them about your accident, injuries and damages. You may be asked for documentation, such as bills from medical providers and estimates from repair shops. Then, you or your car accident attorney may negotiate a fair settlement amount for your damages.

Texas’ fault laws are different from no-fault laws. No-fault states allow injured people to file damage claims against their insurance companies regardless of the cause of the accident. In a state that does not require fault determination or proof, compensation will be granted without the need to pay for it. However, no-fault insurance has the disadvantage of limiting your ability to sue the at-fault party. Even if you are not the cause of the accident, your car insurance premium could rise.

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Texas Car Accidents: Proving fault

In Texas, you will need to prove the other driver was at fault for your accident. If the insurance company claims that you are at fault, you may need to prove your liability. An attorney can assist you in obtaining evidence to prove fault, liability and damages.

  • Photos and video footage
  • Eyewitness stories
  • Recordings from cell phones
  • Police reports
  • Documentation for injuries
  • Reconstruction after a crash
  • Expert opinions

Hiring a San Antonio personal injury lawyer can help you with the insurance claims process in Texas. While your car accident attorney handles the difficult legal process such as proving fault, you can go to medical treatment and look forward to the future. Your lawyer may also be able to fight for fair compensation from the at fault driver’s insurer. The provider might try to get you to settle for less compensation than your case, injuries, and damages really merit.

Comparative Fault and Car Accident Claims

Auto accidents are not always a matter of who is at fault. There are some accidents that involve both drivers sharing the blame. Your award could be reduced if the other driver attempts to claim your comparative fault. Texas’ comparative negligence laws allow drivers with partial fault to still be eligible for compensation. However, the amount will be reduced according to their percentage of fault. If the insurance company that covers the at-fault driver uses a comparative negligence defense, contact a lawyer. Your lawyer will help you to fight for maximum compensation under Texas fault-based insurance laws.

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