No. Texas is not a no-fault state. Texas uses fault to decide who is legally responsible for the harm a crash causes. That is true for car crashes and truck crashes. Separately, Texas auto policies include personal injury protection, or PIP, unless it was rejected in writing. PIP benefits are payable without regard to fault. They still have limits and exclusions. They do not replace a claim against the person who caused the crash.
So after a crash you may deal with two kinds of insurance. One is the other person's liability coverage, which turns on fault. The other is coverage on your own policy, which depends on what you bought and what the policy says. This guide explains each one in plain terms and what to do next.
Fault and your own coverage are separate questions
When people ask if Texas is a no-fault state, they usually want to know whose insurance pays. In Texas that question has two parts.
Who is responsible for the harm? Texas law requires drivers to show they can pay for the crashes they cause. Most do this with liability insurance. The Texas Department of Insurance auto insurance guide explains that liability coverage pays other people's medical bills and property damage when the policyholder is at fault. If another driver caused your injuries, your claim against that driver depends on fault.
What does your own policy cover? Some coverage on your own policy may pay before anyone settles the fault question. PIP is the clearest example, because Texas law makes its benefits payable without regard to fault.
Neither part comes with a promise. Texas has no general rule that your own insurer pays first. No policy pays every loss. Each coverage has its own conditions and limits, and some carry a deductible.
Who pays what after a Texas crash
This table is a starting point. What pays in your case depends on the policies involved, their limits and the facts. Your declarations page, the first page of your policy, lists your coverages, limits and deductibles.
| Coverage | What it may pay | Does fault matter? | Limits and costs |
|---|---|---|---|
| Other party's liability coverage | Your medical bills, car repairs and some other expenses when that person caused the crash | Yes. The claim depends on the other person's legal responsibility. | Pays up to that policy's dollar limits. You pay no deductible on a claim against another driver's insurer. |
| Your PIP | Medical bills for you and your passengers, plus lost wages and other nonmedical costs the law lists | No. Benefits are payable without regard to fault. | Up to your PIP limit. Exclusions in the law still apply. |
| Your MedPay, if you have it | Medical bills for you and your passengers, also if you are hurt in someone else's car or while walking or biking | Read your policy terms. | Only if your policy includes it. Check the policy for its limit. |
| Your UM/UIM | Damages caused by an owner or operator with no insurance or not enough insurance | Yes. You must be legally entitled to recover damages from that owner or operator. | Up to your UM/UIM limits. A deductible can apply. No coverage if it was rejected in writing. |
| Your collision | Repairing or replacing your car after an accident | A claim on your own policy. TDI says you can use it if the other driver's insurer refuses to pay. | Your deductible applies. Payment for your car is capped at its actual cash value. |
| Your comprehensive | Theft, or damage from fire, flood, hail, vandalism or another cause that is not a collision | Does not cover an ordinary collision. | Your deductible applies. |
UM/UIM needs extra care. Filing a claim is not enough. Under Insurance Code section 1952.101, the coverage protects people who are legally entitled to recover damages from an uninsured or underinsured owner or operator. When the driver is unknown, section 1952.104 requires actual physical contact between that vehicle and you or your property. TDI also warns that uninsured motorist coverage will not pay for a hit and run you did not report to police. Not every hit and run is covered.
How PIP works in Texas
It is included unless rejected in writing
Insurers must include PIP in Texas auto liability policies. Under Insurance Code section 1952.152, the coverage does not apply if an insured named in the policy rejects it in writing. A rejection can carry forward. Unless the named insured asks for PIP in writing, the insurer does not have to add it to a renewal or reinstated policy when it was rejected before with that insurer or an affiliated one.
How much PIP the law requires
The required amount is $2,500 per person for all PIP benefits combined. Section 1952.153 says the law does not require an insurer to go above that. Insurers may offer broader benefits under section 1952.161, so your policy may have a higher limit. Check your declarations page.
Do not confuse PIP with the liability minimum. TDI explains that Texas drivers must carry at least $30,000 of injury coverage per person, $60,000 per accident and $25,000 for property damage. That 30/60/25 liability coverage pays other people when the policyholder causes a crash. PIP is a separate coverage for the people your own policy protects.
What PIP can pay
Under section 1952.151, PIP pays reasonable expenses that arise from the accident and are incurred within three years of it. It covers the named insured, members of the household, and authorized drivers or passengers of the named insured's vehicle, including guests. The expenses must fall into one of these groups:
- Necessary medical, surgical, dental, ambulance, hospital, nursing and funeral services, including X rays and prosthetic devices.
- For a person who earns income, replacement of income lost because of the accident.
- For an injured person who was not earning income, reasonable costs for necessary services that person usually did to care for the family or household.
An insurer may ask for reasonable medical proof of the injury before paying lost income benefits. The policy may also set a deadline to present proof of loss. Under section 1952.156, that period cannot be shorter than six months after the accident. Ask your insurer what applies to you.
Paid without regard to fault, but not without limits
Under section 1952.155, PIP benefits are payable whether or not you or the person receiving them caused or contributed to the collision. They are also payable regardless of other medical, hospital or wage continuation benefits. That helps. It is not a blank check.
- Total benefits cannot go above the limit in your policy.
- Under section 1952.158, insurers must exclude benefits when the injured person's own conduct contributed to the injury and that conduct involved intentionally causing the injury, or happened while committing a felony or trying to escape lawful arrest.
- Your PIP insurer usually has no right to recover what it paid from the person who caused the crash. There is an exception. It does have that right when the vehicle that person operated lacked the financial responsibility Texas requires on the date of the crash.
PIP does not make Texas a no-fault state. Using it does not stop you from bringing a negligence claim against the person who caused the crash. One adjustment applies to passengers. If a guest or passenger received PIP from the owner or operator of the vehicle they rode in, or from that person's insurer, and then makes a liability claim against that owner or operator, the amount paid can be credited against the award under section 1952.159.
MedPay vs. PIP
Medical payments coverage, called MedPay, and PIP overlap but are not the same. TDI describes MedPay as paying your and your passengers' medical bills, including when you are hurt riding in someone else's car or while walking or biking. PIP pays medical bills too, but it also pays lost wages and other nonmedical costs.
The PIP law does not change how MedPay is offered, and MedPay is only there if your policy includes it. Read your policy to see whether you have it, what it pays, its limit and how it works with PIP and health insurance. Neither coverage guarantees that every bill is paid. If another driver's limits do not cover your medical bills, TDI says you can file with your auto insurer or your health insurer. Our guide on who pays medical bills after a truck accident in Texas explains how bills, liens and health plans fit together.
What if you share some of the fault?
Texas divides fault by percentage in cases governed by Chapter 33 of the Civil Practice and Remedies Code. Under section 33.002, that chapter applies to tort claims, such as negligence claims, where a person is found responsible for a percentage of the harm. Under section 33.003, the judge or jury deciding the facts assigns the percentages.
- If your share is greater than 50 percent, section 33.001 bars you from recovering damages.
- At exactly 50 percent, that rule does not bar recovery.
- If you are not barred, section 33.012 reduces your damages by your percentage. At 20 percent responsibility, your damages are reduced by 20 percent.
This is a reduction rule, not an award. It adjusts damages that are found. It does not decide whether any are owed. Our article on recovering when you were partly at fault walks through more examples.
Truck crashes: do not assume car insurance numbers apply
The 30/60/25 figures are TDI's description of the minimum for personal auto liability coverage. They are not a universal limit for commercial trucks. Do not assume a truck carries that amount, or any set amount.
Different rules can apply to commercial vehicles. Start by identifying the carrier, the vehicle, the cargo, the route and every policy that may apply. Our page on Texas truck insurance minimums explains the federal and state rules for commercial carriers. Our guides to FMCSA regulations in Texas truck cases and who may be liable in a Texas truck crash explain why more than one company can be involved.
Your own coverage still matters after a truck crash. If you have PIP, UM/UIM or collision on your own policy, each follows its own terms whether the other vehicle was a car or a truck.
What to do after a Texas crash
Use these steps to protect your health and keep claim records. Reporting duties and policy deadlines may also apply.
- Get care for any injury. Call police if anyone was hurt or if the other driver left the scene. If you see a doctor or go to the emergency room, keep the medical reports and bills.
- Preserve the scene safely. If you can do it without stepping into traffic, take photos of the vehicles and the scene. Note the time, place, weather and road conditions. Get the other driver's name, contact details and insurance details, and the names of witnesses. Ask the officer for a name and badge number so you can follow the report.
- Tell your own insurer. TDI says to report the crash as soon as possible because most insurers have deadlines for claims. Ask which coverages you have. Ask for your declarations page and a copy of any signed PIP or UM/UIM rejection.
- Save your records. Keep itemized bills, receipts and records of work you missed and pay you lost.
- Pause before signing a release. The other driver's insurer may ask you to sign a release that ends further claims for the crash. Before you sign, ask what it resolves, who it covers and whether your doctor expects more treatment.
Common questions
Is Texas a no-fault state?
No. Texas uses fault to decide who is legally responsible for harm caused in a crash. Texas auto policies include PIP unless it was rejected in writing. PIP pays some benefits without regard to fault, but it has limits and exclusions. It does not replace a claim against the person who caused the crash.
Is Texas a no-fault state for car accidents?
No. The same fault rules apply to car accidents. If another driver caused the crash, that driver's liability coverage may pay for your injuries and car damage, up to its limits. Your own PIP, MedPay, collision or UM/UIM coverage may also apply under its own terms.
How much PIP coverage does Texas require?
Texas law requires auto liability policies to include PIP unless an insured named in the policy rejects it in writing. The law does not require more than $2,500 per person for all PIP benefits combined. Insurers may offer more, so check your declarations page.
Can I still bring a claim against the other driver if I used my PIP?
Using PIP does not by itself stop a negligence claim against the person who caused the crash. That claim still depends on fault and the evidence. If you were a passenger and you make a claim against the owner or operator of the vehicle you rode in, PIP paid by that owner, operator or their insurer can be credited against an award.
Does uninsured motorist coverage pay after a hit and run?
Sometimes. The coverage protects people who are legally entitled to recover damages from an uninsured owner or operator. When the driver is unknown, Texas law requires actual physical contact between that vehicle and you or your property. TDI also says the coverage will not pay for a hit and run you did not report to police. Your policy terms and limits still apply.
What if I was partly at fault for the crash?
In cases governed by Chapter 33 of the Civil Practice and Remedies Code, you cannot recover damages if your share of responsibility is greater than 50 percent. At 50 percent or less, that rule does not bar recovery, and any damages are reduced by your percentage.
Talk with us about who should pay
Insurance after a crash can involve more than one policy and more than one company. If you were hurt in a Texas car or truck crash, we can look at what happened and which coverages may apply. Request a free case review, or call the number at the top of this page.
This article is general information about Texas law and insurance. It is not legal advice about your situation. Coverage depends on your policies, their terms and the facts of your crash.
Sources
Texas Department of Insurance, Auto insurance guide. Coverage types, deductibles, claims and settling claims. The page states it was last updated December 11, 2025.
Texas Insurance Code §1952.101 and §1952.104. Uninsured or underinsured motorist coverage.
Texas Insurance Code §1952.151, §1952.152, §1952.153, §1952.155, §1952.156, §1952.158, §1952.159 and §1952.161. Personal injury protection coverage.
Texas Civil Practice and Remedies Code §33.001, §33.002, §33.003 and §33.012. Proportionate responsibility.
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