After a car accident, your foremost concern is probably getting compensation for your injuries. Do you file a claim with your insurance company, or go through the other driver’s? The answer depends on whether you live in a no-fault vs. fault state. So is Texas a no-fault state, or does it follow the traditional fault-based system?
What Is the Difference Between No-Fault vs. Fault States?
How does a no-fault vs. fault system impact a car accident claim?
In no-fault states, regardless of who was responsible for the accident, you go through your own insurance company to receive compensation for medical expenses, property damage, lost wages, and other losses.
Texas is not a no-fault state. That means that if the other driver is responsible for the car accident, you must go through their insurance company in order to obtain compensation for your damages.
What Is Texas’ Fault Insurance Claims System?
Texas drivers must carry liability coverage to cover any damages they cause to another driver if they are at fault in an accident. This type of insurance is usually called personal injury protection, or PIP. PIP covers personal injuries that are incurred by the insurance company’s client. Property damage is covered by separate insurance that must also be purchased in no-fault states.
Every fault-based state has required insurance minimums. Those coverage requirements are separated into three categories, for the following:
- Each individual injured
- Damages per accident
- Property damage per accident
In Texas, the minimum amount of coverage for these categories is referred to as 30/60/25. That means you must have insurance coverage with the following minimum limits:
- $30,000 per person injured
- $60,000 per accident
- $25,000 for property damage per accident
It’s possible that the minimum will not fully cover damages incurred in an accident. When an insurance limit is met, the person injured may sue the person who is at fault for the remainder of the damages.
In other words, all drivers must carry enough car insurance to cover their own expenses when they have an accident. However, if their damages exceed their insurance limits, they can still file a claim with the other driver’s insurance company or file a personal injury lawsuit.
How to Prove Liability Under Texas’ Fault-Based System
In fault-based systems like Texas, it is important to prove who is at fault in a car accident. This establishes who is legally liable for paying for damages that occurred in the crash. In order to prove liability, you must show that the at-fault driver:
- Had a duty;
- Breached that duty;
- Caused you injuries, and you suffered damages as a result.
Texas also follows a comparative negligence system. If you are partially at fault, the jury will decide how liable you are for the accident and then decrease your settlement by that percentage. And if your liability exceeds 51%, you will not be able to receive compensation.
A San Antonio Car Accident Lawyer Can Help You Prove Fault in an Accident
Is Texas a no-fault state? No, it’s not — meaning that you will have to prove liability in order to receive compensation for your injuries. You don’t want to have to handle this process alone. An experienced San Antonio car accident lawyer can help you investigate your accident, gather evidence, and build a case in your favor. Contact Brylak Law to learn more about our services.