{"id":1297,"date":"2022-12-16T23:14:00","date_gmt":"2022-12-16T23:14:00","guid":{"rendered":"https:\/\/www.janiceklaw.com\/?p=1297"},"modified":"2022-12-16T23:14:01","modified_gmt":"2022-12-16T23:14:01","slug":"es-texas-un-estado-sin-culpa","status":"publish","type":"post","link":"https:\/\/www.janiceklaw.com\/es\/blog\/is-texas-a-no-fault-state\/","title":{"rendered":"\u00bfEs Texas un estado sin culpa?"},"content":{"rendered":"\n

Even the most minor fender bender can turn into a nightmare of squabbling with car insurance companies in order to receive compensation for medical expenses and car repairs. This can especially be true if Texas drivers don\u2019t ask themselves \u2013 is Texas a no fault state?<\/strong> \u2013 after a crash. Texas follows a traditional fault based system when it comes to receiving car crash damages from an insurance company. But what does this mean for you? Below, the San Antonio car crash attorneys<\/a> at our law firm explain no fault rules vs. at fault rules, how much comprehensive coverage you should have in Texas, how to prove liability in an accident, and so much more.<\/p>\n\n\n\n

If you or someone you love has suffered major personal injuries in a car crash, call our law firm today at 210-366-4949<\/a> to schedule a free consultation.<\/p>\n\n\n\n

Is Texas a No Fault State?<\/h2>\n\n\n\n

No, Texas is an at-fault state. In other words, Texas follows the tort liability system. This is important to know in any car accident case because then you will know whose liability insurance to use for compensation: yours or the other driver\u2019s.<\/p>\n\n\n\n

What\u2019s the Difference Between a No Fault State and an At-Fault State?<\/h2>\n\n\n\n

So you\u2019re probably wondering: if I get into a car accident in Texas, whose insurance company do I file a claim with? And what\u2019s the difference between a no fault state and an at fault state?<\/p>\n\n\n\n

At fault states mandate that the at fault driver\u2019s insurance provide liability coverage for all injured drivers. Meanwhile, no fault states require all drivers to file a claim with their own insurance company, regardless of if they were at fault for the accident. No fault laws mandate that everyone has a minimum amount of Personal Injury Protection (PIP), also known as no fault insurance.<\/p>\n\n\n\n

So if you were to get into a car accident in Texas \u2013 and you suffered personal injuries, lost wages, and property damage \u2013 you would file an insurance claim with the at fault driver\u2019s insurance company.<\/p>\n\n\n\n

Modified Comparative Fault – 51% Bar<\/h2>\n\n\n\n

Texas also abides by a 51% comparative fault rule when it comes to car accidents. This rule specifically comes into play when at least two parties share a percentage of fault in a car accident.<\/p>\n\n\n\n

If you are more than 51% at fault for a car accident in Texas, then you can\u2019t recover any damages such as medical expenses, lost income, property damage repairs, and more. Meanwhile, if you\u2019re less than 51% at fault for an accident, then you can recover damages, but they will be reduced by your percentage of fault.<\/p>\n\n\n\n

For example, let\u2019s say you share 20% of fault in an accident. You will still receive compensation for your damages, but the amount you receive will be reduced by 20%.<\/p>\n\n\n\n

How to Prove Fault in a Car Accident in Texas<\/h2>\n\n\n\n

In order to determine fault in a car crash, insurance agencies and motor vehicle accident lawyers must prove the 4 D\u2019s of negligence.<\/a><\/p>\n\n\n\n