Is Texas a No-fault State?

If you’ve been driving long enough around the Lone Star State, you may wonder, “Is Texas a no-fault state?” The answer could significantly impact what you do after a car accident. No-fault and at-fault states handle injury claims, lawsuits, and insurance coverage for any damages differently—understanding your state’s law system will help prepare you for the road ahead.

What Is a No-fault State?

In some U.S. states, you don’t have to determine who caused a vehicle collision to get appropriate compensation. The drivers involved in the wreck will use their respective insurance policies to cover damages, and all parties hold the right to recovery. A state that maintains this insurance system is known as a no-fault state.

This type of system might sound terrific to some drivers. Others might think it’s a terrible idea. There are certainly several pros and cons to living in a no-fault state, which we discuss below.


  • You don’t have to pay compensation if you caused the collision.
  • You can avoid expensive lawsuits and legal proceedings.
  • You only have to file claims with your insurance company.


  • You must hold a Personal Injury Protection (PIP) insurance plan—usually more expensive than insurance in at-fault states.
  • You can’t sue an at-fault driver for economic, non-economic, and punitive damages.
  • You can only recover particular types of damages—for example, your insurance will only cover non-economic damages if medical bills reach a specific threshold.

Is Texas a No-fault State?

Texas is not a no-fault state. In other words, identifying the at-fault party in a car accident will determine who pays for damages in the state of Texas. The driver responsible for the wreck is also liable for any damages, and you can file a lawsuit if they don’t provide adequate insurance coverage.

Under Texas’s fault-based insurance system (also called the tort liability system), injured parties can recover damages through someone else’s insurance company following a collision. They can do this by:

  • Filing an accident claim and receiving coverage through a PIP policy or Med-Pay plan
  • Filing a claim against the at-fault party’s insurance company
  • Filing a car accident lawsuit against the at-fault party directly

How Do You Prove Fault in a Car Accident?

Determining fault in a car accident can be tricky, especially if both drivers are partially responsible. In Texas, you can still receive compensation for damages if you are less than 51% at fault. However, the level of compensation depends on your percentage of responsibility.

After getting into a car wreck, don’t worry about proving who’s to blame right away. 

Seek medical attention immediately if you suffer injuries, then reach out to your insurance company and a car accident lawyer. There are many forms of evidence to help identify the at-fault party, including:

  • Security camera footage of the incident
  • Photos and videos following the accident
  • Police reports
  • Witness accounts
  • Collision reconstruction

If you’re wondering, “Is Texas a no-fault state?” you’re probably also wondering, “How can an attorney help me after a car accident?” Experienced lawyers from a trusted law firm like Haines Law, P.C., can help in many ways. They can provide legal guidance and gather evidence to support your insurance claim or lawsuit.

Need Legal Assistance Following a Collision? Contact Haines Law, P.C.

A car accident can be scary and expensive, so you’ll want to understand your legal options and how to proceed after getting involved in one. At Haines Law, P.C., we offer professional legal services to answer your questions, pursue appropriate compensation for any damages, and help you confidently face the future. For a free consultation, contact our accident lawyers today.

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