Texas is one of the 38 'at-fault' (or 'tort') states. That means the driver who caused the crash — and their insurer — is financially responsible for the resulting damage. This is the opposite of a true no-fault state, where each driver's own policy pays regardless of who caused the accident.
Who decides who's at fault
Texas uses a combination of police investigation, insurer investigation, and — when disputed — civil litigation. The CR-3 Texas Peace Officer's Crash Report is usually the first authoritative document.
Three options when you're hit
- File a third-party claim against the at-fault driver's liability insurer
- File a first-party claim with your own collision or PIP coverage and let your insurer subrogate
- Sue the at-fault driver directly — usually only when liability is denied or limits are exhausted
Why PIP still matters in an at-fault state
Third-party claims take time. PIP pays your medical bills and lost wages within days, regardless of fault. This is one of the strongest arguments against rejecting PIP in writing.
Comparative negligence applies
Texas's modified comparative negligence rule (the 51% bar) reduces your recovery by your share of fault, and bars recovery entirely if you're more than 50% at fault. Read more in our companion guide.
When fault is unclear
Insurers may split liability (e.g., 70/30) based on evidence. If you disagree, you can supply additional documentation — witness statements, dashcam footage, repair estimates — to push for a different allocation.
Statute of limitations
Texas gives you two years from the date of the crash to file a personal injury or property damage lawsuit. Miss that window and the claim is permanently barred.
Frequently asked questions
Is Texas a no-fault state for auto insurance?
No. Texas is a traditional at-fault (tort) state. The driver who caused the crash is responsible for the resulting damages.
Can I file a claim with my own insurer if I'm not at fault?
Yes. Filing with your own collision or PIP coverage is often faster. Your insurer then pursues the at-fault driver for reimbursement.
What if I'm partially at fault for the crash?
Texas uses modified comparative negligence with a 51% bar. Your recovery is reduced by your share of fault, and barred if you're more than 50% responsible.
This article is for general information only and is not legal or tax advice. For guidance specific to your situation, talk to a licensed Texas insurance agent. Ready to put it into practice? Get a free quote or request a policy review.