What is No-Fault and At-Fault Insurance?
To many, auto insurance accident liability, and understanding who is responsible for paying for damages and injuries may seem complicated. However, understanding your rights and responsibilities after an accident is critical. When it comes to insurance liability, there are two main systems, no-fault and at-fault, that vary by state.
- No-fault liability: States with a no-fault system, also known as strict liability, hold individuals responsible for damages or injuries, regardless of who was negligent or caused the accident. Each party involved in the accident goes to their own insurance company for compensation.
- At-fault liability: States with an at-fault system hold the driver who is deemed legally responsible for the accident financially responsible for the resulting damages. The at-fault driver will be responsible for covering the costs of medical bills, property damages, lost wages, and more.
It is important to understand which insurance system your state follows, as it will impact how you handle a car accident claim and who will be responsible for compensation for damages and injuries.
What Fault Liability System Does Texas Follow?
Texas follows the at-fault liability insurance system, meaning that the person found responsible for the accident is liable for the damages and injuries to the other party. If you are deemed responsible for an accident in Texas, your insurance will cover the damages and injuries of the other party involved in the accident. Additionally, if you are responsible for the accident, any party that suffers damages as a result of the accident can file a lawsuit against you or file a third-party claim against your insurance.
Furthermore, Texas follows a modified comparative fault system with a 50% bar. Modified comparative fault allocates damages based on the percentage of fault assigned to each party involved in an accident. This means that an injured party can only recover damages from another party if they are determined to be less than 50% at fault for the accident. If the injured party’s negligence in the accident exceeds 50%, they will not be allowed to recover any damages. Additionally, if the injured party’s negligence in the accident is less than 50%, they will be able to recover damages, but the amount they can recover will be reduced by their percentage of fault. For instance, if you are found 30% at fault, the court will subtract 30% from your awarded compensation.
What are the Texas Auto Insurance Requirements?
As an at-fault liability state, Texas requires all drivers with vehicles registered in Texas to carry a certain amount of liability insurance. According to the Texas Department of Insurance, Texas drivers must carry the 30/60/25 minimum liability car insurance coverage. The 30/60/25 minimum coverage means that a Texas driver must have at least $30,000 per person for bodily injury liability, at least $60,000 per accident coverage for bodily injury liability, and at least $25,000 for property damage liability.
While the 30/60/25 minimum coverage is required for all Texas drivers, it is recommended that drivers have a limit higher than the minimum required auto insurance. Although the minimum auto insurance coverage can cover damages for minor accidents, it may not cover all the damages in a major accident, leaving you to pay out-of-pocket for the remaining damages after insurance.
How is Fault Proven in a Texas Accident?
In Texas, a party’s percentage of fault in an accident is determined through investigations conducted by the police. When police arrive at the scene of the accident, they will begin their investigation by collecting each party’s statement of what happened to cause the accident. If one of the drivers apologizes or admits to causing the accident, this can be used as evidence of fault. Then, they will collect any witness statements that may provide valuable insight into how the accident occurred. Additionally, the police will look for any physical evidence of what may have occurred, including skid marks, vehicle damage, traffic camera footage, photographs, and more. Once the police have collected driver statements, witness statements, and physical evidence, they will document everything in a police accident report, which will be sent to both parties involved in the accident. The police report will help support insurance claims and settlement negotiations and may be helpful in proving negligence or fault in a personal injury lawsuit.
Consider Hiring a Texas Personal Injury Lawyer Against an At-Fault Driver
In many personal injury cases, insurance claims are resolved through negotiations; however, there are situations where hiring a lawyer becomes necessary. If you have been injured as a result of an at-fault party, you need a Houston car accident lawyer on your side. At Simmons and Fletcher, P.C., we understand how complicated it can be to receive compensation from the at-fault party or the at-fault party’s insurance. Our attorneys have handled at-fault car accident claims for over four decades and will do everything we can to protect your rights and secure the compensation you deserve. For a free consultation, call us at (713) 932-0777.
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