No. Texas is an at-fault state. The driver who caused the crash, and their insurer, pays for the injuries, and your recovery is reduced by any percentage of fault assigned to you.
In a no-fault state, each driver’s own insurer pays their medical bills regardless of who caused the crash, and lawsuits are limited. Texas does not work that way. The at-fault driver is liable, and the injured person claims against that driver’s liability insurance.
Fault is apportioned under Chapter 33 of the Civil Practice and Remedies Code. A jury assigns percentages, your recovery is reduced by your share, and a share of 51 percent or more bars recovery entirely. This is why insurers push for recorded statements and why fault evidence matters so much.
Texas does have one no-fault element: personal injury protection, which insurers must offer under Insurance Code section 1952.152. It pays medical bills and lost wages up to its limit, usually $2,500, regardless of fault, and it does not reduce your claim against the at-fault driver.
Owsley Law Firm builds fault cases from the physical evidence, because in an at-fault state the percentage decides the outcome.
The distinction between at-fault and no-fault has practical consequences. In Texas you can pursue the at-fault driver for the full range of damages without first meeting a threshold of injury severity, which some no-fault states require. The tradeoff is that you must prove fault, and the insurer's incentive is to dispute it.
The fault percentage does more than reduce a check. Under Chapter 33 of the Civil Practice and Remedies Code, a defendant found more than 50 percent responsible is jointly and severally liable for the full damages, while one at 50 percent or less pays only its share. A settlement with one defendant also creates a dollar-for-dollar credit against the others under section 33.012. These rules shape how multi-party cases are negotiated.
Texas also has a financial responsibility law. Transportation Code Chapter 601 requires drivers to carry liability insurance or show other proof, but the minimums of 30/60/25 are low compared to serious injury costs. That is why first-party coverages matter: personal injury protection under Insurance Code section 1952.152, uninsured and underinsured motorist coverage under section 1952.101, and optional medical payments coverage, which pays regardless of who was at fault.
In an at-fault state your own collision coverage, if you have it, can pay for your car regardless of fault, and your insurer may then seek reimbursement from the at-fault driver's carrier. Whether to use it depends on your deductible and how quickly you need repairs, and a lawyer can help you weigh that against the rest of the claim.
Related questions
Do I go through my own insurance or the other driver's?
In an at-fault state you can claim against the at-fault driver's liability coverage. You can also use your own first-party coverages, such as PIP, medical payments, or collision, which pay regardless of fault under their terms.
Does Texas require me to carry insurance?
Yes. Texas requires proof of financial responsibility, most commonly liability coverage of at least 30/60/25 under Transportation Code section 601.072. Driving without it can bring penalties in addition to leaving you exposed personally.
What if both drivers are partly at fault?
Texas applies proportionate responsibility, which reduces your recovery by your percentage of fault and bars it only if you are more than 50 percent responsible. The percentages are decided by the insurer in negotiation or by a jury at trial.
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