You were sure the other driver ran the light, but their insurer says you were partly to blame and offers to pay only part of your repairs. Or you rear-ended someone and wonder how much lands on you.
Both questions come back to one Texas rule: the driver who causes a crash pays for it. We're Watson Insurance, an independent agency in Friendswood. Just had a wreck? Start with our guide to car insurance after an accident in Texas. For the whole picture, see our complete Texas auto insurance guide.
What does it mean that Texas is an at-fault state?
The short answer: The driver who caused the crash is responsible for the damage, usually through their liability insurance, and the injured person keeps the full right to sue.
The Insurance Information Institute's background on no-fault insurance (viewed October 28, 2026) lists twelve states and Puerto Rico with no-fault laws, where your own insurer pays certain injury costs first and lawsuits over minor injuries are limited. Texas isn't on that list, so it follows the traditional tort system, where, III explains, there are no restrictions on lawsuits.
- Their liability pays for your losses when the other driver caused the crash.
- Your liability pays for theirs when you caused it, up to your limits.
- Anything above those limits can become a personal debt of the driver at fault.
Texas does require insurers to include personal injury protection (PIP), but that's a coverage, not a no-fault system.
How does Texas split the blame when both drivers made mistakes?
The short answer: Texas gives each side a percentage of responsibility, cuts your recovery by your share, and bars recovery only when your share is greater than 50 percent.
Texas handles shared blame with proportionate responsibility, in Civil Practice and Remedies Code chapter 33. Section 33.001 says a claimant may not recover damages if their percentage of responsibility is greater than 50 percent. In plain English: at 50 percent or less, you can still collect from the other side. At 51 percent, you collect nothing from them.
Section 33.012 reduces what you recover by your own percentage. On a made-up $20,000 loss (our math, for illustration only):
| Your share of the fault | What you can recover from the other side |
|---|---|
| 0% | $20,000 |
| 20% | $16,000 |
| 50% | $10,000 |
| 51% | $0, because your share is greater than 50% |
Pileups. Under §33.013, each defendant generally pays only its own share, but one found more than 50 percent responsible can be held liable for the claimant's whole recoverable amount. With several vehicles or a serious injury, talk with an attorney.
Who decides who was at fault in a Texas crash?
The short answer: On an insurance claim, the insurance companies decide based on the evidence, and only a court makes a binding finding if the dispute becomes a lawsuit.
The Texas Department of Insurance's auto insurance guide (updated December 11, 2025) says TDI can't decide who was at fault in an accident or determine damage amounts. Each insurer reaches its own conclusion. What they weigh:
- The police report. An investigating officer, not the drivers, files a Texas Peace Officer's Crash Report (CR-3), which lists contributing factors. TxDOT says it's due within 10 days and sells copies through its crash report system for $6, or $8 certified. With no officer, there's no CR-3, so keep your own records.
- The rules of the road in Transportation Code chapter 545, such as keeping an assured clear distance behind the car ahead (§545.062) and yielding to oncoming traffic before a left turn (§545.152).
- Photos, damage and witnesses, especially when no officer came.
If you disagree, ask for the decision in writing and send more evidence. TDI says appraisal is only for disputes over the amount of a claim with your own insurer, so it won't settle fault, and that you can use Justice Court for a claim under $20,000.
TxDOT's 2025 crash facts (processed as of April 7, 2026) count one reportable crash every 59 seconds statewide, and its county table shows 107,472 crashes in Harris County and 6,532 in Galveston County. We help drivers in both, from Clear Lake to League City.
What happens if you caused the crash?
The short answer: Your liability coverage pays the other people's damages up to your limits, and anything above those limits can come back to you personally.
Your bodily injury and property damage liability pay for the other driver's injuries, car and related losses, up to your limits. Texas requires at least 30/60/25: $30,000 per injured person, $60,000 per crash for injuries and $25,000 for property damage. TDI's guide warns those minimums may be too low.
Past your limits, the injured person can pursue the rest from you. The Department of Public Safety's Safety Responsibility page (updated September 29, 2020) says the driver and vehicle owner named in an unpaid crash judgment are both subject to license suspension once DPS receives a certified copy. DPS's FAQ adds that a judgment can be filed against the owner even if someone else was driving.
What happens when the driver at fault has no insurance?
The short answer: You turn to your own uninsured/underinsured motorist coverage, PIP and collision, and the uninsured driver who caused it can lose their license.
The Insurance Research Council estimated (February 17, 2025) that 15.4% of drivers countrywide were uninsured in 2023, and one in three (33.4%) were uninsured or underinsured. That's a national figure, not a Texas one.
TDI's guide to dealing with the other driver's insurance (updated April 24, 2025) says UM/UIM pays when the at-fault driver had no insurance or not enough, and in hit-and-run crashes, and collision, if you carry it, pays your repairs. UM/UIM is on every Texas auto policy unless someone rejected it in writing, so check your paperwork.
For the uninsured driver, DPS says a license can be suspended under the Safety Responsibility Act when the officer's listed contributing factors point to that driver, they had no insurance, and the crash caused injury, death or at least $1,000 in property damage. They have 20 days from the notice to request a hearing.
Where does PIP fit if Texas isn't a no-fault state?
The short answer: PIP is the part of your own policy that pays your medical bills and lost income without waiting for anyone to decide fault.
Insurance Code §1952.155 says PIP benefits are payable without regard to who caused the crash, and without regard to other sources such as health insurance. Under §1952.151, PIP covers reasonable medical and funeral expenses, lost income, and essential household services for people who don't earn an income, for expenses incurred within three years of the accident.
| Question | Your PIP | The at-fault driver's liability |
|---|---|---|
| Who it pays | You, your household and your passengers | The people the at-fault driver hurt |
| Depends on fault? | No | Yes, reduced by your share |
| When it pays | No later than 30 days after satisfactory proof (§1952.156) | Usually at settlement |
| Can your insurer recover what it paid from the at-fault driver? | Generally no, unless that driver had no insurance (§1952.155) | Not applicable |
Should you file with the other driver's insurer or your own?
The short answer: If the other driver clearly caused it, start with their insurer, but use your own collision, PIP or UM/UIM when they deny fault, blame you in part, or stop responding.
TDI says the other driver's insurance should pay your repairs, medical bills and a rental car, but it may deny fault, say both drivers were at fault, or stop responding. If it refuses, TDI says to ask for the reason in detail and in writing.
Your own company is the backup. TDI's auto insurance FAQ (updated February 26, 2026) says you can file a repair claim with your own insurer when the other company won't accept fault, but only if you carry collision. If your insurer collects from the other company, you'll probably get your deductible back.
One caution from the state's Office of Public Insurance Counsel: the other company will ask you to sign a release of all claims, and once you sign, you generally can't seek more for that injury. If you were hurt, consider talking with an attorney before you sign. Our after-an-accident guide compares the two routes side by side.
How long do you have to make a claim or file a lawsuit in Texas?
The short answer: Generally two years from the crash to sue over injuries or property damage, but your policy's claim deadlines are usually much shorter, so report the crash right away.
Civil Practice and Remedies Code §16.003 says suits for personal injury and for injury to another person's property must be filed no later than two years after the cause of action accrues. In plain English: about two years from the wreck. If the injured person was under 18 when the claim arose, that time generally doesn't count (§16.001), so ask an attorney if a child was hurt.
| Deadline | The rule | Source |
|---|---|---|
| Tell your insurer | As soon as you can; most companies set deadlines | TDI |
| Officer files the CR-3 | Within 10 days of the crash | TxDOT |
| First PIP proof of loss | Your policy sets it, but it can't be less than six months after the accident | Ins. Code §1952.156 |
| Uninsured driver's hearing request | Within 20 days of the DPS notice | DPS |
| Lawsuit for injury or property damage | Two years after the cause of action accrues | CPRC §16.003 |
The bottom line
Texas puts the bill on the driver who caused the crash, splits it when both share the blame, and cuts off recovery above 50 percent. So your liability limits matter, PIP and UM/UIM are worth keeping, and two years is the number to remember.
Want a second set of eyes on your limits? Clients save on average about $500 a year when we re-shop their coverage. Start a free quote, visit our auto insurance page, or read how to lower your car insurance without gutting the policy. Adding a young driver? Our teen driver guide explains why we raise limits first.
Last reviewed by the Watson Insurance team on October 28, 2026. We re-check the Texas statutes, TDI and DPS guidance, TxDOT crash data and the IRC uninsured estimate when they change, and carrier availability before every quote. Educational only, not personalized insurance advice.
