# Is Texas a No-Fault State? | Attorney Brian White **Table of Contents***[*Expand*]* 1. What Is a No-Fault State? 2. Texas’s Fault Insurance Claims System 3. Proving Liability in Texas Car Accidents 4. Contact the Houston Car Accident Lawyers at Attorney Brian White Personal Injury Lawyers For Help If you are involved in a [car accident](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/) in [Houston](https://www.houstontx.gov/), Texas, you may be wondering how you can claim compensation for your injuries. Do you have to file a [claim](https://attorneybrianwhite.com/blog/claim-vs-lawsuit/) with your insurance company or do you have to go through the other driver’s? The answer lies in who was responsible for causing the accident in the first place. Unlike some other states, Texas follows a traditional fault-based system in determining who has to pay for [damages](https://attorneybrianwhite.com/blog/types-of-damages-available-in-personal-injury-cases/) in a car accident. [Texas is not a no-fault](https://attorneybrianwhite.com/faqs/is-texas-a-no-fault-state/) car insurance state. ## What Is a No-Fault State? When you are in a car accident that is not your fault, you can claim compensation for your medical expenses, [property damage](https://attorneybrianwhite.com/blog/property-damage/), [lost wages](https://attorneybrianwhite.com/faqs/can-i-be-reimbursed-for-lost-wages-after-a-car-accident/), and other losses. However, which insurance company pays for these damages varies from state to state. Some states, like Texas, follow a traditional fault-based system where the person responsible for the accident has to pay for the damages he or she caused. Twelve states follow a no-fault car insurance system when it comes to who pays for these damages. Under a no-fault system, a driver has to go through his or her own insurance company to receive compensation for his or her injuries in a car accident, regardless of who was at fault for the incident. These states mandate that all drivers carry personal injury protection in the event of an accident. If the driver’s insurance coverage is not sufficient to cover the extent of the damage in these states, he or she can file a claim with the other driver’s insurance company or a personal injury lawsuit. For a legal consultation call [(713) 500-5000](tel:+17135005000) ## Texas’s Fault Insurance Claims System Texas is not one of the no-fault states. Texas follows the traditional fault-based system, which places the responsibility for paying for damages suffered in a car accident with the at-fault driver’s insurance company. Every driver in the state of Texas must carry a minimum amount of car insurance [liability](https://attorneybrianwhite.com/faqs/whats-liability/) coverage in case he or she causes injuries in an accident. - $30,000 in bodily injury liability per person per accident - $25,000 in property damage liability per accident - $60,000 for bodily injury liability per accident involving two or more injured people If you suffer injuries from a car accident in Texas and you were not at fault for the accident, you will have two options for collecting compensation. You can file a claim with the at-fault driver’s insurance company or you can file a personal injury lawsuit in Texas civil court. Sometimes, these policy minimums may not cover the extent of your injuries and you may need additional compensation. In these situations, filing a personal injury lawsuit may be appropriate. ## Proving Liability in Texas Car Accidents Because Texas follows the traditional fault-based system, proving liability in these accidents is crucial to collecting your compensation. This establishment of fault is important in both insurance claims and personal injury lawsuits. You will have to prove that the at-fault driver committed a breach of his or her duty in driving safely on the road, leading to your injuries. You can accomplish this through a thorough investigation and the help of a car accident attorney. Your lawyer can collect evidence, interview [witnesses](https://attorneybrianwhite.com/blog/the-importance-of-collecting-witness-statements-after-an-auto-accident/), review surveillance footage and police records, and consult with experts to build a strong case in your favor. With the help of a Houston, Texas accident lawyer, you increase your chance of successfully proving liability in your insurance claim or lawsuit. Determining liability in car accidents is important in the courtroom process as well, since your overall settlement award could decrease if you are also liable. Texas follows a comparative [negligence](https://attorneybrianwhite.com/faqs/what-is-negligence/) system in which the jury assigns a percentage of liability to you and decreases your award by that amount. If you are liable for 51% or more of your accident, you will not receive compensation. For best results in proving your case, contact a car accident attorney as soon as possible. [Click to contact](/contact-us/) us today ## Contact the Houston Car Accident Lawyers at Attorney Brian White Personal Injury Lawyers For Help Our offices Houston — Greenway/Upper Kirby 3120 Southwest Freeway, Suite 350 Houston, TX 77098 Open 24 hours daily Call [(713) 364-1466](tel:+17133641466) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%203120%20Southwest%20Freeway%2C%20Suite%20350%2C%20Houston%2C%20TX%2077098) Houston — East Freeway 11811 East Freeway, Suite 630-06 Houston, TX 77029 Open 24 hours daily Call [(713) 609-1893](tel:+17136091893) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011811%20East%20Freeway%2C%20Suite%20630-06%2C%20Houston%2C%20TX%2077029) Houston — South Loop 2600 South Loop West, Suite 293 Houston, TX 77054 Open 24 hours daily Call [(713) 281-4904](tel:+17132814904) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%202600%20South%20Loop%20West%2C%20Suite%20293%2C%20Houston%2C%20TX%2077054) Houston — Katy Freeway 11511 Katy Fwy, Suite 515 Houston, TX 77079 Open 24 hours daily Call [(713) 909-7537](tel:+17139097537) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011511%20Katy%20Fwy%2C%20Suite%20515%2C%20Houston%2C%20TX%2077079) Houston — Clear Lake 1300 Bay Area Blvd, Suite B268 Houston, TX 77058 By appointment only Call [(936) 508-2854](tel:+19365082854) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201300%20Bay%20Area%20Blvd%2C%20Suite%20B268%2C%20Houston%2C%20TX%2077058) The Woodlands 1776 Woodstead Ct, Ste. 203 The Woodlands, TX 77380 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201776%20Woodstead%20Ct%2C%20Ste.%20203%2C%20The%20Woodlands%2C%20TX%2077380) Champion Forest (Cypress) 4606 FM 1960 Rd W, Ste. 444 Houston, TX 77069 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%204606%20FM%201960%20Rd%20W%2C%20Ste.%20444%2C%20Houston%2C%20TX%2077069) --- ### About the Author ![About the Author](https://attorneybrianwhite.com/wp-content/uploads/2025/09/About-the-Author-241x300.png) [Attorney Brian White](https://attorneybrianwhite.com/about/our-attorneys/brian-white/) is the founding partner of Attorney Brian White Personal Injury Lawyers in [Houston](https://www.houstontx.gov/), [TX](https://www.texas.gov/). A graduate of [Texas A&M University](https://www.tamu.edu/index.html) and [South Texas College of Law](https://www.stcl.edu/), he is [Board Certified](https://attorneybrianwhite.com/resources/brian-white-is-board-certified-in-personal-injury-trial-law/) in Personal Injury Trial Law — a distinction held by only a small percentage of Texas attorneys, with years of experience handling a wide range of personal injury cases, including [car accidents](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/), [truck accidents](https://attorneybrianwhite.com/houston-tx/truck-accident-lawyer/), [maritime injuries](https://attorneybrianwhite.com/houston-tx/maritime-injury-lawyer/), [wrongful death](https://attorneybrianwhite.com/houston-tx/wrongful-death-lawyer/), and [more](https://attorneybrianwhite.com/practice-areas/). He is dedicated to thorough preparation, strong advocacy, and helping [accident victims](https://attorneybrianwhite.com/faqs/can-car-accident-victims-suffer-ptsd/) secure the compensation they deserve. [Avvo](https://www.avvo.com/attorneys/77098-tx-brian-white-74113.html) / [Justia](https://lawyers.justia.com/lawyer/brian-elliott-white-201630) / [Linkedin](https://www.linkedin.com/in/attorney-brian-white-378410166) / [Facebook](https://www.facebook.com/login/?next=https%3A%2F%2Fwww.facebook.com%2FBrianWhiteLawFirm%2F/) / [Youtube](https://www.youtube.com/channel/UCDdkDcGkbY2GFTzpeTWypFQ) / [Instagram](https://www.instagram.com/accounts/login/?next=https%3A%2F%2Fwww.instagram.com%2Fattorneybrianwhite%2F%3Fhl%3Den&is_from_rle/) / [Yelp](https://www.yelp.com/biz/brian-white-and-associates-houston) / Call or Text [(713) 500-5000](tel:+17135005000) or Complete a [Case Evaluation Form](/contact-us/) Car Accidents Blog Posts: [![Pros and Cons of Uninsured Motorist Coverage](https://attorneybrianwhite.com/wp-content/uploads/2023/09/Pros-and-Cons-of-Uninsured-Motorist-Coverage-300x200.jpg)](https://attorneybrianwhite.com/blog/pros-and-cons-of-uninsured-motorist-coverage/) [Pros and Cons of Uninsured Motorist Coverage](https://attorneybrianwhite.com/blog/pros-and-cons-of-uninsured-motorist-coverage/) Uninsured motorist insurance (UM) is one of the most popular optional forms of car accident insurance, and for [![The Effects of Airbag Deployment in Your Houston Car Accident Claim](https://attorneybrianwhite.com/wp-content/uploads/2022/09/The-Effects-of-Airbag-Deployment-in-Your-Houston-Car-Accident-Claim--300x200.jpg)](https://attorneybrianwhite.com/blog/the-effects-of-airbag-deployment-in-your-houston-car-accident-claim/) [The Effects of Airbag Deployment in Your Houston Car Accident Claim](https://attorneybrianwhite.com/blog/the-effects-of-airbag-deployment-in-your-houston-car-accident-claim/) Airbags are a life-saving device and now come standard in all new vehicles. If you’ve been involved in a car [![Commonly Forgotten Driving Laws in Texas](https://attorneybrianwhite.com/wp-content/uploads/2023/01/Commonly-Forgotten-Driving-Laws-in-Texas-300x200.jpg)](https://attorneybrianwhite.com/blog/commonly-forgotten-driving-laws-in-texas/) [Commonly Forgotten Driving Laws in Texas](https://attorneybrianwhite.com/blog/commonly-forgotten-driving-laws-in-texas/) Most people count on their driver’s licenses for long-distance travel and short daily commutes. However, it is [![car accidents](https://attorneybrianwhite.com/wp-content/uploads/2021/01/Car-Crash-with-police-660523594_1258x839-300x200.jpeg)](https://attorneybrianwhite.com/blog/three-car-accident-who-pays/) [Three-Car Accident: Who Pays?](https://attorneybrianwhite.com/blog/three-car-accident-who-pays/) In the state of Texas, a reportable automobile collision occurs roughly once per minute. When a car accident happens, --- Source: https://attorneybrianwhite.com/faqs/is-texas-a-no-fault-state/