Is Texas a no-fault state?

No. Texas is an at-fault (“tort”) state — the driver who caused the crash, through their insurer, is responsible for the injury damages. You generally pursue the at-fault driver's insurer rather than your own.

What is Texas's fault rule for a car accident?

Texas follows modified comparative — 51% bar. You can recover only if you were 50% or less at fault; your award is reduced by your share.

How long do I have to file an injury claim in Texas?

In Texas the statute of limitations for a personal-injury claim is generally 2 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.

Texas · Injury claims

Car accident injury claims in Texas

In Texas, an injury claim runs through the at-fault driver's insurer — and how much you can recover turns on the state's fault rule, coverage minimums, and a filing deadline that's easy to miss. Here's what shapes an injury claim in Texas.

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Texas at a glance

Fault rule: Modified comparative — 51% bar
No-fault state?: No
PIP / no-fault coverage: $2,500 per person minimum if not rejected in writing (PIP must be offered; consumer may reject in writing); MedPay separate optional
Minimum liability coverage: 30/60/25 ($30K BI/person, $60K BI/accident, $25K PD) per Tex. Transp. Code §§ 601.071-072
Time limit for an injury claim: 2 years

How fault works in Texas

Modified comparative, 51% bar (Tex. Civ. Prac. & Rem. Code § 33.001, Proportionate Responsibility) — a claimant recovers nothing if more than 50% at fault. Same effective bar as FL post-HB 837, different statutory grounding.

Paying for injuries in Texas

Texas is an at-fault state; PIP is supplemental. PIP must be offered by the insurer and may be rejected by the consumer in writing. Minimum if not rejected: $2,500 per person. MedPay is a separate optional coverage. No 14-day-rule equivalent to FL.

How Moe handles injury claims in Texas

Knowing the rule is one thing — applying it against a carrier is another. Moe builds your case to Texas’s rules, drafts every letter for your approval, tracks the deadlines, and only pings you when there’s a decision to make.

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Texas injury claims — common questions

Is Texas a no-fault state?: No. Texas is an at-fault (“tort”) state — the driver who caused the crash, through their insurer, is responsible for the injury damages. You generally pursue the at-fault driver's insurer rather than your own.
What is Texas's fault rule for a car accident?: Texas follows modified comparative — 51% bar. You can recover only if you were 50% or less at fault; your award is reduced by your share.
How long do I have to file an injury claim in Texas?: In Texas the statute of limitations for a personal-injury claim is generally 2 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.

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All Texas accident-claim rules · Other states

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This page summarizes Texas’s car-accident claim rules for general information — it is not legal advice, and the rules can change. What applies to your claim depends on your policy and the specific facts.