No one plans to get into a car accident. No matter who you are or how often you drive, anything from a minor fender-bender to a serious crash can be shocking, upsetting, and financially stressful. In 2024, there were more than 169,000 crashes in Texas that resulted in non-fatal injuries and 4,150 fatalities from car crashes. There were also more than 48,000 crashes that resulted in property damage, but there were no injuries. If you’re injured in a car crash, your first priority should be tending to your physical condition. But you might hesitate to even do that, because hospital and medical bills can add up fast.
What amount of the car accident cost is your responsibility, what’s paid by the other driver, and how much is covered by insurance?
Did you know?
According to the Texas Department of Transportation, the state hasn’t had a single day without a traffic fatality since November 7, 2000. That means for more than two decades, at least one person has died every single day on Texas roads. It’s a sobering reminder of how common—and serious—car accidents are across the state.
Texas is an at-fault state for vehicle accidents
In an “at-fault” state, the driver who caused the accident is liable for paying for the damages and injuries that result. In most Texas car accidents, the victim files a claim with the at-fault driver’s insurance company to recover compensation for their losses.
However, questions can arise about what the insurance policy covers, how fault is determined in a crash, and how state law handles specific situations.
What costs does the insurance company cover?
The at-fault driver’s insurance company should cover costs that include:
- Medical expenses
- Property damage
- Lost wages
- Other related expenses from the accident (such as towing, rental car fees, or transportation to medical appointments)
Medical treatment can be costly, especially if the accident results in severe injuries. Texas law requires the following minimum liability coverage:
- $30,000 bodily injury per person
- $60,000 bodily injury per accident
- $25,000 property damage
This might sound like a lot of money, but if a vehicle is totaled or more than one person is severely injured, you might reach the policy maximum faster than you’d expect.
If you’re at fault for the accident, your liability insurance will cover the other party’s damages up to your policy limits. If someone else is at fault, their insurance should cover your losses.
How is fault determined after a crash?
Believing the other driver was at fault doesn’t automatically make it so. As the injured party, you must prove that the other driver was legally responsible for the accident in order to recover compensation—usually by showing they were negligent.
To establish negligence, you typically need to show:
- Duty of care: The other driver had a legal obligation to drive safely.
- Breach of duty: They failed to uphold that obligation (e.g., speeding, running a red light).
- Causation: That breach directly caused the crash and your injuries.
- Damages: You suffered actual harm, such as medical bills, lost wages, or pain and suffering.
Evidence such as police reports, eyewitness accounts, traffic camera footage, and expert testimony can help support your claim.
What if the at-fault driver is uninsured or underinsured?
Texas law requires all drivers to carry auto insurance—but not everyone follows this rule.
If you’re hit by an uninsured or underinsured driver, you’ll need to rely on your own UM/UIM (Uninsured/Underinsured Motorist) coverage, if your policy includes it. Texas doesn’t require drivers to carry UM/UIM, but insurance companies must offer it, and you must reject it in writing if you choose not to include it.
In addition to UM/UIM, Texans may also carry personal injury protection (PIP) or medical payments (MedPay) coverage. PIP is automatically included in Texas auto policies unless rejected in writing. It covers medical expenses after an accident—regardless of fault—and may also cover lost wages and other related costs. MedPay is optional and typically covers medical or funeral expenses.
If the at-fault driver’s insurance doesn’t fully cover your losses, you may also file a personal injury lawsuit. This could allow you to recover compensation for medical expenses, property damage, lost income, and pain and suffering. However, you must file your lawsuit within two years of the accident.
Bear in mind that a lawsuit isn’t always beneficial.
If the liable party didn’t have auto insurance as required, there’s a chance they might not have funds to pay a judgment, either. The court may allow the plaintiff to seize the defendant’s assets (if they have them) or garnish their wages or pursue a judgment lien, but these are not perfect solutions. If the money isn’t there, it isn’t there.
Texas comparative fault law
Texas follows a modified comparative fault rule.
If a driver who isn’t the at-fault driver still contributed to a lesser extent to their own injury, their damages would be reduced according to their percentage of fault. A claimant may not receive any damages if they are 51 percent at fault or more.
How does this work?
Driver A is speeding 15 mph over the limit on a rainy evening and runs a red light. Driver B, who has a green light, begins to turn left but fails to use their turn signal and doesn’t check for oncoming traffic. Driver A crashes into Driver B in the intersection.
The court finds that Driver A was primarily responsible for the collision due to speeding and running the red light. However, Driver B also contributed to the accident by failing to signal or yield properly while turning. As a result, the court assigns 30 percent of the fault to Driver B.
If Driver B is awarded $100,000 for injuries and losses, their compensation will be reduced by 30 percent—their share of fault. That means Driver B would recover $70,000.
How does the insurance company or court allocate fault in a Texas car accident?
To determine who was at fault—and by how much—insurance companies and courts evaluate a wide range of factors. These factors help determine whether a driver was negligent and to what extent.
Common factors include:
- Driving behavior and traffic violations
- Speeding (or driving too fast for weather or visibility conditions)
- Running red lights or stop signs
- Failure to yield
- Distracted driving (texting or other device use, using GPS, eating, etc.)
- Following too closely (tailgating)
- Improper lane changes or turns
- Physical evidence
- Vehicle damage and point of impact
- Skid marks, debris, and other evidence at the crash scene
- Photos or video from dashcams, traffic cameras, or bystanders
- Black box data, depending on the types of vehicles
- Witness statements
- Eyewitnesses, such as passengers or bystanders
- Neutral third-party witnesses can provide the most persuasive testimony
- Police report
- Officer observations, cited violations, and official narrative
- Might contain a preliminary determination of fault, though it’s not legally binding
- Medical records and injuries
- Positioning and impact severity can be determined by the timing and type of injuries
- There might be questions if injuries are inconsistent with how the parties claim the events occurred
- Alcohol or drug involvement
- DUI or drug tests results can shift a finding of fault
- Prescription medication could also be important if it impairs ability to drive
- Condition of vehicles
- Faulty brakes, worn tires, or mechanical failures could impact liability
- A driver could be given additional liability if they knowingly operated an unsafe vehicle
- Admissions or statements
- If a party makes statements at the scene (like, “I’m sorry,” or “I didn’t see you”), it could be used to suggest liability
- Some insurance adjusters analyze both call recordings and written statements
- Multi-vehicle crashes
- In the event of a multi-vehicle crash or chain-reaction crash, investigators will analyze which vehicle initiated the chain and whether others had time to react
- Fault might be shared among several drivers
Should you file a lawsuit or start with an insurance claim after a Texas car accident?
Typically, insurance is your first and best option for obtaining compensation after a Texas car accident. However, there are a few instances when filing a lawsuit is the better choice.
- The at-fault driver’s insurance doesn’t fully cover your damages. If the at-fault driver is uninsured or underinsured, their policy might not cover things like medical bills, lost wages, pain and suffering, or long-term disability or disfigurement.
- Insurer denies or delays your claim. If either insurance company (the other party’s or your own) denies liability, offers an unreasonably low settlement, delays payment or otherwise acts in bad faith, filing a lawsuit may pressure the insurer to offer a fair settlement—or allow you to pursue damages in court.
- Dispute with regard to fault. If the other driver claims you’re at fault, you may still recover compensation under Texas’s modified comparative fault rule, as long as you’re not more than 50 percent at fault. If this is the case, a lawsuit allows a judge or jury to evaluate fault.
- You’ve suffered severe or catastrophic injuries. Cases that involve severe injury, like spinal cord injuries, traumatic brain injuries, or amputations could result in settlements that don’t reflect the long-term cost. A lawsuit can seek non-economic damages like emotional distress, loss of consortium, and future medical care.
- You require discovery or evidence to make your claim. Key evidence like traffic camera footage, phone records, vehicle data, etc. can be difficult to acquire if it’s in possession of the other party. A lawsuit allows you to subpoena that information.
- Liability could be on a third party. If the crash was caused by a defective vehicle part, poor road design, or employer negligence—something other than another driver on the road—you might have a lawsuit against one or more of those third parties for additional compensation
Texas subrogation law
In Texas, “subrogation” refers to an insurance company’s right to pursue a third party that caused a loss to the insured, after the insurer has paid a claim under the policy. This most commonly applies to first-party coverages like collision, personal injury protection (PIP), or uninsured/underinsured motorist (UM/UIM) coverage.
If the at-fault party or their insurer does not fully compensate the injured party, the policyholder may file a claim with their own insurer. Once payment is made, the insurer may then seek reimbursement by pursuing a subrogation claim against the at-fault party or their insurance company. This allows the insurer to recover what it paid, while still providing timely benefits to the insured.
In some cases, your insurer may try to get reimbursed even if you haven’t been fully compensated—but this depends on the specific terms of your policy.
Policyholders are usually notified if their insurance company intends to pursue subrogation. They may also be required to cooperate in the process and avoid taking any action—such as signing a release—that could waive the insurer’s subrogation rights.
How long do I have to file an insurance claim or lawsuit for a Texas car accident?
You typically have two years from the date of a Texas car accident to file a lawsuit for personal injury or property damage. In some cases, this deadline may be extended—for example, if the injured person is a minor or legally incapacitated. But these exceptions are limited, so it’s important to talk to a lawyer as soon as possible. Even if you think you’ve missed the deadline, an attorney may still be able to help.
The time to file an insurance claim is usually much shorter. Your insurance policy sets the deadline, which could be just a few days after the crash. Failing to file a timely claim could result in a denial.
Keep in mind that reporting the accident to your insurer is not the same as filing a claim. A report simply alerts the company that a crash occurred. If you don’t report it promptly—even if you’re unsure about filing a claim—you may lose your right to do so later.
If you have questions about anything related to your accident, it’s best to consult a Texas personal injury lawyer as soon as possible. Your lawyer will negotiate with the insurance company or opposing parties to minimize your liability and maximize compensation. They’re experienced in handling these types of negotiations and understand the “traps” that consumers can fall into when they receive a lowball or unfair settlement offer.
The team at Simmons & Fletcher is ready to help. Our attorneys are compassionate, experienced, and skillful at helping our clients to receive the compensation they need to move forward after a personal injury accident. Contact us today for a free consultation.
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