Is Texas a No-Fault State?
Accidents happen. Victims often have questions about responsibility, insurance, and compensation when they do. One of the most frequent questions is, “Is Texas a no-fault state?”
The world of auto insurance and accident liability may seem complicated. However, understanding your rights and responsibilities after a collision is crucial. Parker Law Firm’s car accident lawyers in Bedford, TX, can help you navigate the state’s auto insurance scheme.
Fault vs. No-Fault
It is important to understand the two main insurance systems: fault and no-fault.
States with a fault-based system operate on the principle that the party responsible for an accident is financially liable for the resulting damages. This includes various costs, from medical bills and rehabilitation expenses to property damage, lost wages, and pain and suffering.
States with a no-fault system are not focused on determining who was responsible for an accident. Instead, each party in the accident turns to their insurance company for compensation, regardless of who is responsible. This streamlines the post-accident claims process. However, it also restricts the ability to sue the responsible party for additional damages.
The Fault-Based System in Bedford, TX
Texas has a fault insurance system. It is not a “no-fault” state. After a car accident in Bedford, Texas, establishing fault becomes a major concern because the liable party, or their insurer, will be expected to cover the damages.
In Texas, there is a fault insurance requirement for every licensed driver. Per the Texas Department of Insurance, drivers must have a minimum liability car insurance coverage, known as 30/60/25. This means drivers must have $30,000 for bodily injury liability per person, $60,000 for total bodily injury liability, and $25,000 for property damage.
It is recommended that drivers insure themselves with a limit higher than required by law so they avoid paying out of pocket after an accident. These limits will be important for paying for an accident if you are at fault.
How the Fault System Operates in Bedford, TX
If you are unfortunate enough to be involved in an accident and believe another driver was at fault, Texas law provides multiple avenues for recourse. First, you can file a claim with your insurance company. Second, you can directly file a claim with the at-fault driver’s insurer. If settlement negotiations fail or liability for damages is contested, you may need to file a personal injury lawsuit against the driver responsible.
To increase your likelihood of pursuing your claim successfully, be sure to have certain information available, including:
- The name, address, phone number, and license plate number for drivers involved in the accident,
- The names, addresses, and telephone numbers of any witnesses,
- Copies of the police report, and
- Copies of the medical reports and doctors’ bills if you were injured.
This information will help you substantiate your version of events and your damages.
Navigating Modified Comparative Fault
A distinctive feature of Texas law is its adherence to the “modified comparative fault” rule. Under this rule, your compensation will be proportionally adjusted if you are less than 51 percent at fault.
For example, if you are deemed 40 percent responsible, you could only claim 60 percent of the total damages awarded to you. However, if you are found to be more than 51 percent responsible for the accident, you will be barred from seeking any compensation. A car accident lawyer can review your case and evaluate how liability may be proportioned between parties. Click here to learn more about when to hire a lawyer.
Consult a Car Accident Lawyer in Bedford, TX
Texas is a fault state. The effects of an accident, in the short- and long-term, can be severe and costly. Whether you are dealing with mounting medical bills, expensive car repairs, or emotional trauma, understanding the nuances of Texas’s fault system can help ensure justice and adequate compensation.
Parker Law Firm’s car accident has 37 years of combined experience representing victims of car accidents. Schedule a free initial consultation to discuss your claim and the effects of Texas’ no-fault insurance system.
Contact the Car Accident Law Firm of Parker Law Firm Injury Lawyers in Bedford for Help Today
For more information, please contact an experienced car accident lawyer at Parker Law Firm Injury Lawyers to schedule a free initial consultation today. We have convenient locations in Fort Worth and Bedford, Texas.