Is Texas a no-fault state, or an at-fault state?
No, Texas is not a no-fault state. Texas is an at-fault (tort) state. The driver who causes a crash, and their liability insurance, pays for the other people's injuries and property damage. Every Texas driver must carry at least 30/60/25 liability. Insurers must also offer personal injury protection (PIP) and uninsured motorist coverage, and both are included unless you reject them in writing. Texas uses a 51% comparative fault rule, so you can't recover damages if you're 51% or more to blame.
- Yes, Texas is an at-fault state. Injury and damage claims go against the driver who caused the crash, not your own insurer first. Compare the two systems in no-fault vs at-fault car insurance states.
- The Texas minimum is 30/60/25: $30,000 per injured person, $60,000 per crash and $25,000 in property damage, according to the Texas Office of Public Insurance Counsel.
- PIP and UM/UIM must be offered on every Texas policy. If you don't want them, you must reject them in writing. Most drivers shouldn't.
- Texas follows modified comparative fault with a 51% bar. At 20% fault your payout drops by 20%, and at 51% or more you recover nothing.
- You generally have two years from the crash to file a personal injury lawsuit in Texas.
Is Texas an At-Fault State? Yes, and Here's What That Means
1. The at-fault driver pays. Their bodily injury and property damage liability covers your medical bills, lost wages, pain and suffering and car repairs, up to their limits.
2. You can claim three ways. File against the other driver's insurer (a third-party claim), use your own coverage (collision, PIP, UM) and let your insurer recover the money later through subrogation, or sue the at-fault driver.
3. No threshold to sue. Unlike New York's no-fault system, Texas doesn't require a 'serious injury' before you can sue for pain and suffering.
The downside is timing. The other insurer won't pay until it accepts that its driver was at fault. That's why your own PIP matters.
In no-fault states like New York or Florida, your own PIP pays your injuries first whoever caused the crash. In Texas, the at-fault driver's insurance pays, and your PIP is an optional (but automatically offered) head start.
Texas Minimum Car Insurance and the Coverages You Must Reject in Writing
• $30,000 bodily injury per person
• $60,000 bodily injury per crash
• $25,000 property damage
Must be offered (included unless you reject it in writing):
• Personal injury protection (PIP): pays medical bills and 80% of lost income for you and your passengers regardless of fault. The standard minimum is $2,500. Learn how it works in personal injury protection (PIP).
• Uninsured/underinsured motorist (UM/UIM): pays when the at-fault driver has no insurance or too little.
Before you sign a rejection form to save a few dollars, remember that the Insurance Research Council estimates 1 in 3 US drivers were uninsured or underinsured in 2023. If one of them hits you in Texas, UM/UIM is the only coverage paying your injuries. Georgia handles UM in a similar way. See is uninsured motorist coverage required in Georgia.
A single ER visit plus surgery can go past $30,000, and $25,000 of property damage won't replace a new pickup. Anything above your limits can be pursued against you personally. Check your exposure with how to know if you are underinsured and the coverage gap checker.
How Fault Is Split in Texas: The 51% Rule
• 0% at fault: you recover 100% of your damages.
• 30% at fault (say, you were speeding when someone ran a stop sign): you recover 70%.
• 51% or more at fault: you recover nothing from the other driver.
Adjusters decide these percentages from police reports, photos, witnesses and your own words. Read can I refuse a recorded statement to an insurance company before giving one. For disputes, see when to hire an insurance lawyer and car insurance lawyer. Georgia's rule differs slightly, with a 50% bar. See is Georgia a no-fault state.
What to Do After a Crash in Texas
2. Exchange insurance information and photograph everything.
3. Open a PIP claim with your own insurer straight away, even if the other driver was clearly at fault. PIP pays fast.
4. Report a third-party claim to the at-fault driver's insurer.
5. If the other driver is uninsured, open a UM claim. See what happens if you crash without insurance for their side of it.
6. Keep every bill, pay stub and receipt.
7. Watch the two-year deadline to file an injury lawsuit.
Need a rental while your car is fixed? See how long will insurance pay for a rental car after an accident.
Sources & Official References
Illustrative Case: Luis's Intersection Crash in San Antonio
Scenario: Luis was driving 8 mph over the limit when another driver turned left across his lane. His medical bills reached $14,000, he lost $3,200 in wages, and his car needed $9,500 in repairs. He had kept PIP ($2,500) and UM on his policy. The adjuster assigned 80% fault to the other driver and 20% to Luis for speeding.
Resolution & Judicial Outcome: Luis's PIP paid $2,500 within weeks, with no deduction for his share of fault. The other driver's liability insurer then paid 80% of his remaining damages, and his own collision coverage (minus his deductible) fixed the car quickly while subrogation recovered 80% from the other insurer. Had Luis been found 51% at fault, he would have recovered nothing from the other driver.
What You Should Do: Step-by-Step Action Plan
Critical Mistakes to Avoid
- Signing the PIP or UM rejection form just to save a few dollars a month.
- Waiting for the at-fault insurer to accept liability before getting medical treatment.
- Admitting partial fault at the scene or on a recorded call.
- Missing the two-year window to file a lawsuit.