Is Texas a No-fault State for Car Accidents? | Schuerger Shunnarah Trial Attorneys
When it comes to car accidents in and around Dallas, one of the questions frequently asked is, "Is Texas a no-fault state?" The answer is no.
Texas is an "at-fault" state, which means that the driver who caused the accident is responsible for any damages or injuries resulting from the incident.
This is in contrast to "no-fault" states, where each driver's insurance agency pays for their damages and injuries regardless of liability. In most states, every driver has to carry personal injury protection (PIP) coverage as part of their auto insurance.
It is important to note, however, that limited PIP coverage may not cover all costs associated with an accident.
What Is Personal Injury Protection (PIP) Coverage?
Car accidents can be traumatic, and the aftermath is often very stressful. One of the biggest concerns among the involved parties is insurance coverage. In Texas, which is not a no-fault state, the at-fault driver's insurance company is responsible for covering the cost of medical bills and property damage repairs for the injured parties. Schuerger Shunnarah Trial Attorneys can also advise on questions like, "Does the at fault driver pay for rental car in Texas?"
It's crucial to remember that if someone is injured as the result of a car accident in Texas, the at-fault driver is responsible for paying all the medical bills and related expenses carried by the no-fault motorist.
Personal Injury Protection, or PIP, is auto insurance coverage that any driver can purchase to pay medical expenses and other car accident-related costs, regardless of who was at fault. However, this coverage may not be available in all states.
In no-fault states, such as New York, PIP is mandatory coverage that drivers must have, and it will pay for medical expenses and lost wages no matter who was liable in an accident. The driver's (plaintiff and defendant) own insurance company provides the compensation.
However, in an at-fault state like Texas, PIP coverage is not mandatory for the driver in a car accident.
What Kind of Insurance Coverage Does Texas Require?
Since Texas is not a no-fault state, all drivers need to have a minimum amount of car insurance coverage. The allocation typically consists of the following:
Bodily injury insurance is $30,000 per person.
The at-fault party needs to have at least $60,000 in insurance coverage per accident.
Liable drivers must have a minimum of $25,000 for property damage repairs.
Driving in an at-fault state like Texas without minimum insurance coverage can result in the guilty driver facing penalties and costly fines. It might also result in the at-fault party having their license revoked by the court.
Who's At-fault in a Car Accident in Dallas, Texas?
Vehicle accidents are incredibly common and can leave individuals with injuries, towering medical bills, and other financial burdens. Knowing who is at fault is a critical factor in determining who should take legal or financial responsibility for the accident.
Determining fault for a car accident in Dallas, Texas, can be a bit more complicated than in other states because Texas is not a no-fault state.
This process can be difficult, but with the help of a qualified attorney, victims can navigate the complex legal terrain of at-fault car accidents in Texas.
1. What Is a No-fault State?
First, all Texans should know what a no-fault state is, as it is essential for understanding car accident laws in different states.
In a no-fault state, each driver's insurance adjuster pays for their own policyholder's medical expenses and damages, regardless of who was responsible for the accident. There are only 12 no-fault states in the US, and Texas is NOT one of them.
In Texas, the at-fault driver is responsible for paying for the damages they caused in the accident.
Texas laws follow a "comparative fault" system, which means that if more than one party is responsible for the accident, each person will be assigned a percentage of fault.
The amount of compensation that each party must pay will be calculated based on their percentage of fault. Only an experienced car accident attorney can help liable drivers navigate tricky waters like this.
2. What Does This Mean for an Injured Individual?
If someone is injured in a car accident in Dallas, Texas, and they are not at fault, the victim will have the right to file a car accident claim with the other driver's insurance agency or directly against the at-fault driver.
In this case, if the other driver is uninsured, the victim's own insurance company may be able to provide coverage, depending on its policy's terms.
Here are some essential things all drivers need to keep in mind if they are involved in a car accident in Texas:
They should seek medical attention as soon as possible, even if they do not believe they are seriously injured.
The injured driver(s) should call first responders to the accident scene and file a police report.
Victims must take pictures of the accident scene, including any damage to their vehicle and any injuries they may have suffered.
The plaintiff should contact their insurance agent as soon as possible to report the accident and begin the claims process.
All at-fault (and no-fault) drivers should consider hiring a qualified car accident attorney to represent them and protect their legal rights in court.
It's important for injured parties to know that they have the right to file a claim against the at-fault party's insurance agency for compensation for bodily injuries, lost wages, and other damages.
Seeking Maximum Compensation from the Insurance Company
Victims of car accidents deserve to be fully compensated for their losses. However, insurance companies often try to evade paying fairly by denying or undervaluing car accident insurance claims.
This is where a car accident lawyer or attorney can help drivers navigate the complexities of car insurance coverage, at-fault laws, and partial fault liability in the state of Texas.
Unlike some states that follow no-fault laws, such as Florida or Michigan, where the drivers' own insurance companies pay for their medical bills and lost incomes, regardless of who caused the accident, Texas follows the at-fault system.
However, establishing fault in at-fault states is not always straightforward, and insurance companies may try to shift the blame or minimize their liability. Many insurance agencies may try to:
Deny car crash insurance claims entirely.
Undervalue a personal injury claim on purpose.
Take considerable time to determine fault in a car accident case.
Fail to carry out a free case review when determining liability.
Not communicating openly with the injured drivers throughout the entire process.
An experienced car accident attorney can help the injured person calculate their damages' total value and negotiate a fair settlement.
How Can a Personal Injury Law Firm Help Prove Fault?
When an accident happens, determining fault is crucial to ensure that the responsible party covers the damages. This is where a personal injury law firm with extensive experience in litigating car accident cases comes in. They can answer questions like, "How is pain and suffering calculated in Texas?"
In an at-fault state like Texas, the driver who caused the accident is responsible for paying damages.
Unfortunately, insurance companies are notorious for denying, undervaluing, or delaying payments, even to drivers who have no fault. Insurance claims, as a result, can be tricky to navigate alone.
By understanding their rights, victims can be sure that they are treated fairly and that their claim is handled properly.
Dealing with Partial Fault Liability
In many cases, car accidents are not entirely one party's fault. Texas follows the comparative fault liability doctrine, which means that an injured driver can still recover damages even if they are partially at fault.
Car accident lawyers in Dallas can make a significant difference in the outcome of car accident cases, providing expert guidance and support throughout the process.
Whether they represent plaintiffs or defendants, their priority is always to ensure injured parties receive the compensation they deserve, regardless of partial bodily injury liability.
Recovering Crucial Evidence
Due to Texas' at-fault laws and the complexities of car insurance coverage, navigating a car accident case can be overwhelming for most people.
This is why it's critical for drivers to work with an experienced attorney who can guide them through the process and protect their legal rights. They can also gather crucial evidence, such as:
Experienced attorneys can investigate the case, establish fault, negotiate with insurance companies, and, if necessary, take the case to court.
While Texas is one of the many at-fault states in the US, injured individuals can still receive compensation for their injuries and damage to their vehicles.
Understanding at-fault state regulations and having a skilled car accident lawyer investigate and prosecute the case can make all the difference in receiving the compensation victims deserve.
Drivers who have been in car accidents in Texas should consider reaching out to Schuerger Shunnarah Trial Attorneys for their extensive expertise and knowledge of at-fault insurance policies and court laws.
The firm's slogan, "We Go to War for You," shows that it takes clients very seriously and helps victims fight through the legal process in challenging at-fault states like Texas.