Beverly Law. Updated November 2026.
Questions about your settlement?
Leave your name and phone. We call back today, in English or Spanish. The consultation is free and confidential.
Free consultation · English y Español · No fees or costs unless we win
What “at-fault” means after a Texas crash
The Texas Department of Insurance puts it simply: “Texas law requires drivers to show proof they can pay for the accidents they cause” (TDI auto insurance guide). A person may not drive in Texas without financial responsibility for the vehicle, and since January 1, 2011 the minimum liability policy has been $30,000 for one person’s injuries, $60,000 for two or more people and $25,000 for property (Transp. Code 601.051 and 601.072). TDI calls this “30/60/25 coverage.”
If someone else caused your crash, you make a claim against that driver’s liability insurer, and if it does not pay fairly you can sue the driver. A Texas injury lawsuit generally must be filed within two years after the claim accrues (CPRC 16.003). If you caused the crash and your limits are too low, TDI warns that “you might have to pay the rest out of your own pocket.”
Fault can be shared. You recover nothing in Texas if your share is greater than 50 percent (CPRC 33.001). Our page on comparative fault in California, Texas and Washington walks through that rule with examples.
PIP: the no-fault part of a Texas policy
Texas Insurance Code chapter 1952 builds a no-fault benefit into auto policies (Ins. Code ch. 1952). The main rules:
- An insurer may not issue an auto liability policy in Texas unless it includes PIP, and the coverage drops out only if a named insured rejects it in writing (1952.152).
- PIP pays reasonable expenses for necessary medical and funeral services, replacement of lost income for people who earn income, and certain household services, for expenses incurred within three years of the accident (1952.151).
- It covers the named insured, household members and authorized drivers or passengers (1952.151).
- The statute does not require PIP coverage above $2,500 (1952.153).
- Benefits are paid without regard to who caused the collision and regardless of other sources such as health insurance or wage benefits (1952.155(a)).
- The insurer must pay as claims arise, no later than 30 days after it receives satisfactory proof (1952.156). If it fails to pay benefits when due, you can sue and recover reasonable attorney’s fees, a 12 percent penalty and interest (1952.157).
Two more rules matter when your injury claim settles. A PIP insurer generally has no subrogation right against the at-fault person, except when that person did not have the required insurance on the date of the crash (1952.155(b) and (c)). And when a guest or passenger who received PIP sues the owner or driver, the defense gets a credit for the PIP already paid (1952.159). Our page on subrogation letters covers repayment claims in more detail.
MedPay and uninsured motorist coverage
MedPay is a separate, optional coverage. TDI says it “pays your and your passengers’ medical bills” and can cover you when you are hurt in someone else’s car or while walking or biking. PIP is similar, but “it also pays for things like lost wages and other nonmedical costs” (TDI auto insurance guide). Chapter 1952 does not set rules for MedPay and says the PIP subchapter does not affect insurers offering it (1952.161).
Uninsured and underinsured motorist coverage follows the same pattern as PIP. It must be part of every Texas auto liability policy unless a named insured rejects it in writing (1952.101). It pays when the driver who hit you had no insurance or not enough. TDI notes you pay a deductible on uninsured or underinsured motorist claims, as you do on collision claims. For how these claims work, see underinsured driver: making a UIM claim.
Free case review
Tell us what happened. We will tell you plainly whether there is a case and what to do next. You owe no fees or costs unless we win.
How Texas compares with California and Washington
All three states require drivers to carry liability insurance for the crashes they cause. The coverage on your own policy is where they part ways.
| Texas | California | Washington | |
|---|---|---|---|
| Minimum liability | $30,000 / $60,000 / $25,000 (Transp. Code 601.072) | $30,000 / $60,000 / $15,000 for policies issued or renewed on or after Jan. 1, 2025 (Veh. Code 16056) | $25,000 / $50,000 / $10,000 (RCW 46.29.090, 46.30.020) |
| No-fault medical coverage | PIP included unless rejected in writing; not required above $2,500 | MedPay is optional, and you can choose not to buy it (CDI guide) | PIP must be offered and can be rejected only in writing (RCW 48.22.085); minimum benefits of $10,000 medical, $2,000 funeral, $10,000 income at up to $200 a week and $5,000 loss of services (RCW 48.22.095) |
| Uninsured or underinsured coverage | Included unless rejected in writing | Must be offered; declining it takes a signed waiver (Ins. Code 11580.2) | Included in the same amount as liability unless rejected in writing (RCW 48.22.030) |
| Your share of fault | No recovery above 50% | Reduces the award (Li v. Yellow Cab) | Reduces the award (RCW 4.22.005) |
Washington’s insurance regulator says PIP “applies no matter who is at fault” and that you can raise the medical limit to $35,000 (Washington OIC).
What this means for your case
Pull up your declarations page and look for PIP, MedPay and uninsured or underinsured motorist coverage, with their limits. If your insurer says you rejected PIP or uninsured coverage, ask for a copy of the signed rejection, because Texas law requires one in writing. Open the PIP claim soon after the crash and send bills as they come in. Then look at the other driver’s coverage, since 30/60/25 can run out fast after a serious injury; our page on policy limits explains how to find them. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
Common questions
Does Texas PIP pay if I caused the accident?
Yes. Texas law says PIP benefits are paid without regard to whether you were at fault for the collision.
Can I still sue the driver who hit me in Texas?
Yes. Texas is an at-fault state, and an injury lawsuit generally must be filed within two years. PIP is an extra benefit on your own policy and does not replace that claim.
Will my PIP insurer go after the other driver to get its money back?
Generally not. Texas gives the PIP insurer no subrogation right against the at-fault person unless that person lacked the required insurance.
Is MedPay the same as PIP in Texas?
No. Both pay medical bills, but PIP also pays lost wages and other nonmedical costs, according to TDI.
What happens if I rejected PIP?
Then your own policy will not pay PIP benefits for that crash. Your medical bills would come from MedPay if you bought it, your health insurance, or the at-fault driver’s insurer. Beverly Law offers a free case review in English or Spanish at (310) 552-6959. You owe no fees or costs unless we win. Read more answers in our injury law FAQs.
Ask a question
Not ready to call? Write your question and someone on our team will answer. No cost, no commitment.
Injury lawyer — Beverly Law
Hurt because of someone else in California, Texas and Washington? Talk to an injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Sources
- Texas Department of Insurance, Auto insurance guide (tdi.texas.gov)
- Tex. Transportation Code 601.051 and 601.072 (statutes.capitol.texas.gov)
- Tex. Insurance Code ch. 1952 (1952.101, 1952.151 to 1952.161) (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code 16.003 (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code 33.001 (statutes.capitol.texas.gov)
- California Department of Insurance, Automobile Insurance guide (insurance.ca.gov)
- Cal. Vehicle Code 16056 (leginfo.legislature.ca.gov)
- Cal. Insurance Code 11580.2 (leginfo.legislature.ca.gov)
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 (Stanford SCOCAL) (scocal.stanford.edu)
- RCW 46.29.090 (app.leg.wa.gov)
- RCW 46.30.020 (app.leg.wa.gov)
- RCW 48.22.085 (app.leg.wa.gov)
- RCW 48.22.095 (app.leg.wa.gov)
- RCW 48.22.030 (app.leg.wa.gov)
- RCW 4.22.005 (app.leg.wa.gov)
- Washington Office of the Insurance Commissioner, Personal injury protection (PIP) (insurance.wa.gov)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 7, 2026.