In Texas, who pays the bill is defined by the fault system. But here’s the deal: even the driver at fault still has rights — especially if insured.
Here’s what you need to know so you don’t get tricked.
🚘 If You Were NOT at Fault (Victim)
You have the right to seek compensation for your damages and losses against the at-fault driver and their insurance company. This may include:
Vehicle repair or replacement
The at-fault driver’s insurance must cover the full repair cost or the fair market value if your car is totaled.
Medical expenses
Treatments, medications, exams, physical therapy, surgeries.
It can also include future expenses if long-term care is needed.
Lost wages
The income you missed due to the accident.
Non-economic damages (pain and suffering)
Physical pain, emotional distress, loss of quality of life.
Rental car
Usually covered by the at-fault driver’s insurance until your car is fixed.
💡 Pro tip: If you carry your own Uninsured/Underinsured Motorist Coverage (UM/UIM) or PIP, you can get faster payments even before the at-fault case is resolved.
🚦 If You WERE at Fault
Even if you were responsible, you still have rights — and your insurance is there to protect you.
Legal defense
Your insurance must provide an attorney and handle negotiations to prevent you from paying out-of-pocket (up to your policy limits).
Liability Coverage
Pays for the other driver’s damages so you don’t have to cover them upfront.
Collision Coverage
If purchased, it covers the repair or replacement of your own car, even if you were at fault.
Medical Payments / PIP
Reimburses your medical expenses regardless of fault.
📌 The 51% Rule — Comparative Negligence in Texas
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If you are 51% or more at fault, you cannot recover from the other driver.
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If you are 50% or less at fault, you may recover damages proportionally.
Example: If damages are $10,000 and you are 20% at fault, you recover $8,000.
✅ Quick Recap:
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Not at fault: demand full compensation from the at-fault driver and/or use your own insurance for quick payment.
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At fault: your insurance defends you, pays the other driver, and may cover your own damages if you have the right coverage.
📞 Involved in a car accident in Texas?
Knowing your rights is the first step to protecting your money and your safety.
**Senna Law Group Ph.; 214-310-0019— Protecting drivers on either side of the collision.
