Is Texas a no-fault state?

Beverly Law. Updated November 2026.

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.

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.

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

Related pages

Injury law FAQs

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.