Understanding the laws surrounding car accidents in Texas is crucial for anyone involved in a
car incident. The state has specific statutes that address the consequences and legal procedures
following an accident. We are here to help you navigate through these challenging times with
accurate information and potential avenues for legal assistance.
Our partners can guide you through the legal maze of car accidents in Texas.
.By understanding your rights and the laws in
place, you can better manage the aftermath of an accident and seek any compensation you may be
entitled to.
Basic Rules and Statute of Limitations In Texas
Liability Insurance Requirements: In Texas, drivers are required by law to carry liability
insurance to cover injuries and damages they may cause in an accident. The minimum coverage
required includes:
$30,000 for injuries to each individual.
$60,000 total per accident for injuries to multiple people.
$25,000 for property damage.
These coverage amounts help ensure that victims are compensated for medical expenses, lost
wages, and property damage caused by the driver at fault in the accident.
Statute of Limitations: In
Texas, the statute of limitations for personal
injury and property damage claims, including those stemming from car accidents, is two years
from the date of the accident. This means you must file a car lawsuit within two years;
otherwise, you risk losing your right to take legal action.
Claims Against Government Vehicles: If the accident involves a government
vehicle, different rules apply. To file a claim against a government entity, you must submit a
notice of claim within six months of the accident. This notice must include detailed information
about the damages, injuries, and the circumstances of the incident.
Texas Laws for Determining Fault in Car Accidents
Modified Comparative Negligence: Texas follows the modified comparative
negligence rule. Under this rule, if you are partially at fault for the accident, your
compensation will be reduced by your percentage of fault. However, if you are found to be more
than 50% responsible for the accident, you cannot collect any compensation from the other
involved parties.
Insurance Companies and Their Investigation: After an accident, insurance
companies will conduct their own investigation to establish their version of events. Although
many people assume the insurance company will act in their best interests, this is often not the
case.
Insurance companies typically attempt to place fault on the victim in order to deny or reduce
the value of their claim. Their investigation usually includes:
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Reviewing police reports.
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Speaking to witnesses.
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Examining relevant evidence from the accident scene.
Legal Teams and the Need for Representation: Insurance companies have extensive legal teams
working to protect their profits. This makes it crucial to have a skilled car accident lawyer on
your side to ensure your rights are upheld and to help maximize your claim.
At The Crash Relief, our network of partners has over five years of
experience and is in
good standing with the State Bar of Texas. They have the expertise to fight for the full value
of your claim, ensuring you receive the compensation you deserve.
What Should You Do After a Car Accident?
If you’re involved in a car accident in Texas, the first priority is to ensure the safety of
everyone involved. If there are injuries or significant property damage, call the police
immediately. Gathering as much evidence as possible at the scene is essential. This includes:
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Taking photos of the accident and damages.
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Obtaining contact information from any witnesses.
While it's important to report the accident to your insurance company, it’s crucial to consult
with an experienced attorney first. Anything you say to the insurance company may be used
against you as an admission of fault, which could jeopardize your claim.
If you must speak with the insurance adjuster before your attorney is involved, limit the
conversation to property damage only. Discussing other damages, such as injuries, could
complicate your case.
However, be sure to have your car accident lawyer review all documents before signing. Sometimes
signing settlements to settle property damage can also settle your entire claim, meaning you
would be unable to seek further compensation for your injuries.
Can someone sue you for a car accident if you have insurance in Texas
Yes, in Texas, someone can still sue you for a car accident even if you have insurance. Texas
operates under an at-fault system for car accidents, which means the person responsible for the
accident (or their insurance) is liable for damages. Your insurance is designed to cover
liability up to your policy’s limits.
However, if the damages or injuries exceed the limits of your coverage, the injured party may
choose to sue you personally to recover the remaining costs. For example, if you only have the
state minimum liability insurance and cause significant property damage or serious injuries, the
other party may file a lawsuit to cover the expenses beyond what your insurance can pay.
Additionally, if the accident involved severe negligence, such as reckless driving or driving
under the influence, the other party may pursue further compensation. In such cases, your
insurance may not fully cover the additional damages.
To reduce the risk of personal financial responsibility, it’s beneficial to have higher
liability limits or consider an umbrella policy, which provides extra coverage beyond the limits
of your standard policy.
Does a No-Fault Accident Go on Your Record in Texas?
Yes, in Texas, a no-fault accident can still be recorded on your driving record, as Texas tracks
all accidents regardless of who is at fault. Whether you are at fault or not does not typically
determine if the accident appears on your record. However, it can affect your insurance rates.
Insurance companies often consider any accident when calculating premiums, even if you were not
at fault.
That said, because Texas is an at-fault state, if you are not responsible for the accident, it
may not have as significant an impact on your insurance rates. Insurers may view no-fault
accidents as less severe than at-fault accidents, but this can vary depending on the insurer and
the specifics of your policy
How Long After an Accident Can You File a Police Report in Texas?
In Texas, there is no strict deadline for filing a police report after an accident. However, you
must immediately report accidents that involve:
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Injury
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Death
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Property damage over $1,000
If law enforcement does not arrive at the scene, you can file a Driver’s Crash Report (Form
CR-2) within 10 days of the accident. This report can be submitted to the Texas Department of
Transportation (TxDOT). Timely reporting is crucial, as insurance companies often require the
police report to process claims.
How Long Does an Accident Stay on Your Record in Texas?
In Texas, a car accident typically stays on your driving record for three years from the date of
the incident. This period affects your insurance rates, as insurers use your driving history to
set premiums. However, more severe incidents, such as a DUI or hit-and-run, may remain on your
record for a longer period.
Note: Insurance companies may consider accidents for three to five years, but rates may decrease
over time if no additional incidents occur during that period.
What Happens if Someone Else is Driving My Car and Gets in an Accident in Texas?
If someone else is driving your car and gets into an accident in Texas, your car insurance will
typically be the primary coverage. This is because insurance follows the vehicle rather than the
driver. Here’s what generally happens:
Your Insurance Coverage: Your policy will cover the accident up to your
coverage limits, including liability for property damage and injuries caused to others.
Other Coverage: If the damages exceed your coverage limits, the driver’s
insurance may come into play, but only after your policy limits are exhausted.
Types of Coverage: If you have comprehensive or collision coverage, your policy
may cover damages to your car, though you’ll have to pay the deductible. If you only have
liability coverage, damages to your car might not be covered.
Potential Premium Increase: Your insurance premiums may increase, as the
accident occurred in your vehicle.
Exceptions: If the driver is excluded from your policy, was driving without
permission, or was unlicensed or under the influence, your insurance company may deny coverage.
It’s a good idea to verify with your insurance provider whether your policy covers occasional
drivers and if there are any exclusions that apply.
What Happens If You Get Into a Car Accident Without Insurance in Texas?
If you're involved in a car accident without insurance in Texas, you may face serious legal and
financial consequences, as the state mandates liability insurance for all drivers. Here's what
could happen:
Fines and Penalties:
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Texas imposes fines for driving without insurance.
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First offense: Fines range from $175 to $350.
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Repeated offenses can lead to fines of up to $1,000 and additional surcharges.
SR-22 Requirement:
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If you're caught without insurance after an accident, you may be required to file an
SR-22, a certificate of financial responsibility, for two years to prove you’re carrying
the required insurance.
License and Registration Suspension:
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Your driver's license and vehicle registration may be suspended until you meet the
insurance requirements and pay the necessary fees to reinstate your privileges.
Financial Liability:
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If you are at fault in the accident, you could be personally responsible for covering
the other party’s medical expenses, property damage, and other associated costs.
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Since Texas is an at-fault state, you are responsible for damages, and without
insurance, you may have to pay out of pocket or face legal action.
Legal Consequences:
If you can't cover the damages, the other party may sue you.
A court could order wage garnishment or the seizure of assets to cover the debt.
What Is the Minimum Car Insurance Required in Texas?
In Texas, the law requires drivers to have liability insurance, with the following minimum
coverage:
Bodily Injury Liability:
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$30,000 per person injured in an accident.
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$60,000 total per accident if multiple people are injured.
Property Damage Liability:
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$25,000 per accident for property damage.
This is commonly referred to as 30/60/25 insurance coverage. While this is the minimum
requirement, many drivers choose additional coverage options (such as comprehensive, collision,
or uninsured motorist coverage) to better protect themselves financially in the event of a more
severe accident.
Contact the Crash Relief for Expert Guidance with Texas Car Accident Laws
At the Crash Relief, we connect you with experienced Texas car accident
partners who can guide you through the legal process and advocate for your best interests.
Our network includes skilled lawyers specializing in Texas car accident laws, dedicated to
helping you secure favorable outcomes. Whether negotiating with insurance companies or
representing you in court, we ensure you receive thorough case evaluation and aggressive
representation.
If you need expert guidance, don’t hesitate to contact us at (864) 602-7252. Our legal
professionals are ready to help you assess your case and take the necessary steps toward
recovery and compensation.
