Is Houston a No-Fault State? Understanding Your Insurance Rights
Houston follows Texas’s fault-based system, meaning the person responsible for causing the accident is also financially liable for damages. This differs from no-fault states, where drivers turn to their own insurance regardless of fault.
How Fault-Based Insurance Works
In Texas, accident victims have three main options for pursuing compensation:
- File a claim with the at-fault driver’s insurance.
- File a claim with your own insurance if you have the appropriate coverage.
- File a personal injury lawsuit against the at-fault driver if the insurance payout is insufficient.
Minimum Insurance Requirements in Texas
Texas law requires drivers to carry minimum liability coverage of:
- $30,000 per person for bodily injury
- $60,000 per accident for bodily injury
- $25,000 for property damage
However, these amounts may not fully cover medical bills or property damage, especially in severe accidents.
What If the At-Fault Driver is Uninsured?
Texas drivers are not required to carry uninsured/underinsured motorist coverage (UM/UIM), but it’s highly recommended. If the at-fault driver lacks insurance, UM/UIM coverage can help cover medical expenses and property damage.
Modified Comparative Negligence Rule
Texas follows a modified comparative negligence rule, meaning you can recover damages if you are less than 51% at fault. However, your compensation will be reduced by your percentage of fault.
Conclusion
Houston’s fault-based system allows accident victims to seek compensation from the responsible party, but understanding your rights is crucial. If fault is disputed or insurance coverage is insufficient, consulting with an accident attorney can ensure you receive the compensation you deserve.