Skip to content
Board Certified in Personal Injury Trial Law - Texas Board of Legal Specialization
 214-200-4878
The Law Firm Of Aaron A. Herbert, P.C. Logo
24/7 Free Consultation

No Fees or Expenses Unless You Recover
214-200-4878
  • About
    • Attorneys
      • Aaron A Herbert
      • Marissa Maggio
      • Jordan Terashima
    • Testimonials
    • Results
  • Areas We Serve
    • Dallas County
      • Carrollton
      • Cedar Hill
      • Dallas
        • Apartment Injuries
        • Bicycle Accidents
        • Birth Injuries
        • Brain Injuries
        • Dog Bites
      • Garland
        • Boat Accidents
        • Car Accidents
        • DUI Accidents
        • Dog Bites
        • Slip & Fall Accidents
      • Highland Park
      • Irving
        • Bicycle Accidents
        • Car Accidents
        • Construction Site Accidents
        • Truck Accidents
        • Uber & Lyft Rideshare Accidents
      • Mesquite
        • Burn Injuries
        • Car Accidents
        • Dog Bites
        • Pedestrian Accidents
        • Truck Accidents
      • Richardson
        • Brain Injuries
        • Car Accidents
        • Daycare Abuse & Injuries
        • Drunk Driving Accidents
        • Spinal Cord Injuries
    • Tarrant County
      • Fort Worth
        • Personal Injury
        • Car Accident
        • Semi Truck Accident
        • Slip and Fall
        • Construction Accidents
        • Motorcycle Accident
        • View All +
      • Arlington
      • Colleyville
      • Mansfield
      • North Richland Hills
      • Richland Hills
      • Southlake
    • Collin County
      • Allen
        • Bicycle Accidents
        • Car Accidents
        • Child Injuries
        • Fatal Accidents
      • Frisco
        • Car Accidents
        • Dog Bites
        • Motorcycle Accidents
        • Truck Accidents
        • Uninsured & Underinsured Driver Accidents
      • McKinney
        • Car Accidents
        • Distracted Driving Accidents
        • DUI Accidents
        • Fatal Accidents
      • Murphy
      • Plano
        • Brain Injuries
        • Car Accidents
        • Crash Accident Reports
        • Motorcycle Accidents
        • Negligent Security
        • Texting & Driving Accidents
        • Truck Accidents
        • Wrongful Death
      • Wylie
      • Prosper
    • Comal County
      • New Braunfels
    • Denton County
      • Denton
        • Bicycle Accidents
        • Brain Injuries
        • Distracted Driving Accidents
        • Uber & Lyft Rideshare Accidents
      • Flower Mound
      • Hickory Creek
      • Providence Village
      • Roanoke
    • Parker County
      • Parker
      • Reno
    • Grand Prairie
      • Bicycle Accidents
      • Car Accidents
      • Slip & Fall Accidents
      • Truck Accidents
    • Houston
      • Personal Injury
      • Houston Car Accident Lawyer
    • San Antonio
      • Personal Injury
      • Slip and Fall
      • Truck Accidents
      • Wrongful Death
      • Workplace Injuries
      • Premises Liability
      • Traumatic Brain Injury
  • Practice Areas
    • Personal Injury
    • Car Accidents
    • Truck Accidents
    • Motorcycle Accidents
    • Bicycle Accidents
    • Pedestrian Accidents
    • Slip and Fall
    • Brain Injury
    • Dog Bites
    • Wrongful Death
    • View All +
  • Blog
  • Contact
Home / Personal Injury Blog

Is Texas a No Fault Accident State

Recovering from a car accident in Texas often takes seeking money from one or more parties to pay for your medical costs, vehicle repairs and other crash-related losses. Which insurance company will take your claim depends on the fault laws…

October 14, 2020
Aaron A. Herbert

Written by Aaron A. HerbertTexas Bar #24036761 · Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization since 2008.
The Law Firm of Aaron A. Herbert, P.C. · Dallas, Texas

Dallas Personal Injury Lawyer – The Law Firm Of Aaron A. Herbert  >  Personal Injury Blog  >  Is Texas a No Fault Accident State

Wednesday, October 14, 2020 | By The Law Firm Of Aaron A. Herbert, P.C.
Is Texas a No Fault Accident State

Recovering from a car accident in Texas often takes seeking money from one or more parties to pay for your medical costs, vehicle repairs and other crash-related losses. Which insurance company will take your claim depends on the fault laws in your state. Your state will use fault, no-fault or hybrid fault laws. Texas is a fault state, not a no-fault state.

What Is a No-Fault State?

A no-fault state does not place any significance on fault for a car accident. It does not require injured parties to determine fault, identify negligence or prove liability to recover damages. Instead, all injured drivers and victims will seek benefits from their own auto insurance companies through first-party claims, no matter who is to blame for the accident. In no-fault states, all drivers carry personal injury protection insurance. This type of coverage pays for the insured person’s medical bills and property repairs, whether or not the insured party caused the car accident.
If you live in a no-fault state, every car accident claim will be a first-party insurance claim unless your injuries are serious enough to qualify you to bring a lawsuit against the negligent party. No-fault states use serious injury thresholds to decide if a victim has been injured severely enough to enable him or her to sue the at-fault party. If so, the victim can bring a third-party insurance claim against the other driver instead.

Is Texas a No-Fault State?

No, Texas is not a no-fault state. It uses a tort-based insurance system, meaning the driver at fault for the collision will be financially responsible for damages. Every driver in Texas lawfully must carry car insurance. Most drivers use their car insurance policies to pay for victims’ damages rather than paying out of pocket. After a vehicle collision, injured victims will seek financial benefits through the at-fault driver’s insurance policy. A negligent driver’s bodily injury and property damage liability insurance will pay for victims’ losses.
Unlike a no-fault state, Texas always allows car accident victims to file lawsuits against others in pursuit of financial compensation. You do not have to meet an injury threshold to bear the right to file a lawsuit against another driver for speeding, drinking and driving, texting while driving, or another act of negligence or recklessness in Texas. You will, however, have to prove the other driver’s fault for your accident before his or her insurance company will pay for your damages.
In a no-fault state, you do not need to prove fault. Your own insurer will reimburse your losses without requiring proof of anyone else’s negligence. This is not the case in Texas if you file a third-party insurance claim. In a hybrid fault state, it is usually up to drivers whether they wish to purchase fault or no-fault car insurance policies.

What Is Texas’s Comparative Fault Law?

During a car accident claim in Texas, the at-fault driver may try to avoid liability for your damages by alleging that you are also to blame for the collision. This is the comparative fault defense. This defense tries to diminish the defendant’s liability for your damages by apportioning some of the fault to you. If the courts agree that you also contributed to the crash, you may receive less in financial compensation.
A successful comparative fault defense in Texas can reduce your settlement or judgment award by an amount equivalent to your percentage of liability. If the defendant’s lawyer proves you were 10% at fault for looking at your phone when the defendant ran a red light and crashed into you, for example, you might receive 10% less than if you had not contributed to the crash at all.
Texas’s fault insurance laws can be difficult to navigate on your own – especially if you are simultaneously dealing with serious and painful personal injuries. Hire a car accident attorney to help you with the claims process. Your lawyer can negotiate with a third party’s insurance company for you while you focus on healing.

Tell Us About Your Case

This field is for validation purposes and should be left unchanged.

Aaron Herbert

Our Practice Areas

Personal injury representation.
Explore how we can help.

  • Car Accidents
  • Wrongful Death
  • Motorcycle Accidents
  • Truck Accidents
  • Work Injury
  • Bicycle Accidents
  • Slip & Falls
  • Traumatic Brain Injury
Here when you need answers.

Learn about your options after an injury.

Locations
  • Dallas
  • Fort Worth
Testimonials
I am satisfied
I am satisfied. My experience was good, the staff was good and I appreciate you all working on my case.

F.M.


I understood the entire process and best course of action
Attorney Aaron Herbert and his staff were very patient during the whole process and able to deal with healthcare providers. In addition they went out of their way to make sure I understood the entire process and best course of...
Read More
Attorney Aaron Herbert and his staff were very patient during the whole process and able to deal with healthcare providers. In addition they went out of their way to make sure I understood the entire process and best course of action.

L.F.


I will refer Aaron’s law firm to all the people I know
VERY satisfied with what Aaron’s law firm has done for me and my family. I will refer Aaron’s law firm to all the people I know personally and professionally.

A.A.


I just want to give a big thanks to this law firm
I was very satisfied with the law firm staff. They were very nice & respectful. They kept in contact with me about my case and fought hard for my case. My overall experience with this firm has been wonderful. They...
Read More
I was very satisfied with the law firm staff. They were very nice & respectful. They kept in contact with me about my case and fought hard for my case. My overall experience with this firm has been wonderful. They got me an amount greater than I expected. I just want to give a big thanks to this law firm , once again guys thank you so much!

M.C.


We are very pleased with our payout
Our experience was very good. The staff was very helpful and informative with any questions and walked us through the entire process. We are very pleased with our payout.

D.B.


Happy with my settlement
Happy with my settlement!

A.P.


He has a lifetime referral from me
Mr. Herbert is a lawyer with outstanding skills in being a trustworthy lawyer and as a person. I have very good confidence in any future situations with life and he will be the first person I call. He handled 2...
Read More
Mr. Herbert is a lawyer with outstanding skills in being a trustworthy lawyer and as a person. I have very good confidence in any future situations with life and he will be the first person I call. He handled 2 cases for me back to back and everything went smoothly as planned. He will fight for you and put in countless hours. He has a lifetime referral from me.

C.N.


The law firm staff and attorneys were very nice
The law firm staff and attorneys were very nice, helpful, understanding and very concerned about my case and any questions I had. I will tell family and friends that this law firm gets results!

R.H.


Great experience with this firm, very prompt service
Great experience with this firm, very prompt service.

K.M.


I highly recommend this law firm
Second time having Attorney Herbert represent me in an auto accident. I am very satisfied with his service and the firm staff was extremely professional. I highly recommend this law firm.

C.S.


   
                               
The Law Firm Of Aaron A. Herbert, P.C. Logo
214-200-4878FREE CONSULTATION

Dallas Office

8330 Lyndon B Johnson Fwy #700,
Dallas, Texas 75243
(214) 200-4878

Fort Worth Office

4200 South Fwy #412,
Fort Worth, Texas 76115
(817) 500-4878

Complete the form below for a
Free Consultation

"*" indicates required fields

By providing your mobile number, you agree to receive text messages from The Law Firm of Aaron A. Herbert, PC. related to your legal inquiry, case updates, appointments, and other client communications. Message and data rates may apply. Message frequency varies. Reply STOP to unsubscribe or HELP for assistance. Consent to receive texts is not a condition of hiring the firm or receiving legal services. View our SMS Terms & Conditions and Privacy Policy for more information.

This field is for validation purposes and should be left unchanged.

Aaron Herbert legal resources

Knowledge Hubs

Explore our guides to Texas injury claims and the questions that matter to your case.

  • Store injuries

    Texas Walmart Injury Knowledge Hub

    Explore evidence, liability, damages and litigation for Walmart injury claims in Texas.Explore the hub →
  • Choosing counsel

    TBLS Certified Personal Injury Knowledge Hub

    Understand Board Certification in Personal Injury Trial Law and the questions to ask when choosing counsel.Explore the hub →
  • Truck accident evidence

    Texas Truck Accident Litigation

    Find guidance on truck inspections, electronic records, responsible companies and Texas trial rules.Explore the hub →
  • Damages and settlement

    Texas Injury Claim Value and Litigation

    Learn how evidence, responsibility, medical losses and insurance affect an injury claim.Explore the hub →
  • Motorcycle crashes

    Texas Motorcycle Accident Attorney Knowledge Hub

    Explore guides to crash evidence, injuries, insurance and choosing a motorcycle accident lawyer in Texas.Explore the hub →
  • Car crashes

    Texas Car Accident Knowledge Hub

    Explore guides to crash evidence, fault, injuries, insurance and resolving a car accident claim in Texas.Explore the hub →
  • Warehouse injuries

    Texas Costco Injury Claims and Litigation Guide

    Explore evidence, notice, liability and litigation for Costco injury claims in Texas.Explore the hub →
  • Serious injuries

    Texas Catastrophic Injury and Damages Hub

    Explore guides to severe injuries, lifetime care, lost earning capacity and trial evidence.Explore the hub →
  • Fatal accidents

    Texas Wrongful Death Knowledge Hub

    Understand Texas wrongful death claims, evidence, damages and the litigation process.Explore the hub →

Practice Areas|About Us|Client Testimonials|Blog|Contact
© The Law Firm Of Aaron A. Herbert, P.C. All rights reserved. Privacy Policy|Sitemap