While for the most part, no one intends on having car crashes, it is rare that no one is liable for it, which means it is not an “accident.”
According to NPR, safety advocates say car crashes are not accidents. Using the word “crash” eliminates the connotation of accident, which implies that no one was responsible.
This line of thinking aligns with how Texas law views car crashes and liability.
Texas Is Not a No Fault Insurance State
What does it mean that Texas is not a no fault insurance state? Let’s begin by explaining no fault auto insurance. With no fault auto insurance, it doesn’t matter who caused the accident. Your auto insurance coverage pays for car damage and physical injury up to the limits of your insurance policy.
How No Fault Insurance State Laws Work
Only 12 states have mandatory no fault insurance laws. (See Citizens Insurance.) Texas is not one of them.
Under Texas law, drivers must carry liability insurance, which covers property damage liability and bodily injury damages. The minimum amount that Texas liability insurance must cover is $25,000 for property damage and $25,000 for physical injury. If you caused the accident and your policy only covered this minimum amount, but monetary damages to the other party exceeded the coverage, you would be liable for the difference in damages. Liability insurance covers damages you cause to another vehicle, not damages to your vehicle.
What If You Do Not Have Insurance and the Other Driver Was at Fault?
Some people think if they’re in an accident but they have no insurance, then they cannot collect damages. This is true with no fault insurance, but not with liability insurance. If the other driver caused your accident in Texas, that party is responsible to cover damages. Hopefully, the party carries liability insurance.
If the responsible party doesn’t have liability insurance, and you don’t have uninsured motorist coverage, then the other way to collect for damages is to sue. However in many cases, a person who can’t afford liability insurance also has no assets to pursue in a lawsuit.
Always Seek Legal Help if Another Driver Caused You Serious Injury
You can discus your accident and injury in a free consultation at the Law Office of Michael R. De La Paz. Let us help you determine whether you have grounds to pursue compensation.