If you’ve been hurt in a car accident in Houston—whether on I-10, 610, or a neighborhood road—one of the first questions you’ll ask is:
“Who pays for my injuries?”
The answer in Texas isn’t always straightforward. From liability insurance rules to potentially multiple at-fault parties, determining who covers your medical bills and damages requires some clarity.
This post breaks it down so you know exactly what to expect.
Texas Is an At-Fault (Tort) State
Unlike no-fault” states, Texas operates under an at-fault insurance system. That means:
The driver who causes the crash is responsible for paying for the injuries and property damage they caused.
So, if someone rear-ends you while texting and driving, they (or their insurance) pay.
Learn more from the Texas Department of Insurance
Who Could Be Liable in a Car Accident?
In some cases, more than one party may be held responsible. Possible at-fault parties include:
- The other driver
- A commercial vehicle company (if hit by a work truck)
- A vehicle manufacturer (defective parts)
- A government entity (unsafe road conditions)
- You (if partially at fault)
Texas uses a modified comparative fault rule—you can still recover compensation if you are 50% responsible or less.
View the statute here: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.ht.m.
Who Pays First?
Let’s say another driver caused the crash. Here’s how payments typically flow:
1. The At-Fault Driver’s Insurance
- Required by Texas law to carry minimum liability coverage:
- $30,000 for injuries per person
- $60,000 per accident
- $25,000 for property damage
(Source – TDI)
2. Your Insurance (Optional Coverages)
If the at-fault driver is:
- Uninsured or underinsured
- Flees the scene (hit-and-run)
Then you may use:
- Uninsured/Underinsured Motorist Coverage (UM/UIM)
Note: Texas insurers must offer Uninsured/Underinsured Motorist Coverage (UM/UIM), but you can reject it in writing.
What Gets Covered?
A personal injury claim in a car accident can help pay for:
Economic Damages:
- Emergency room bills
- Ongoing medical treatment
- Physical therapy
- Lost income
- Property damage
Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Loss of quality of life
Pro tip: Keep all receipts, medical records, and repair estimates. This documentation strengthens your claim.
Do You File a Claim or a Lawsuit?
Step 1: File a claim with the at-fault driver’s insurance
This starts the negotiation process.
Step 2: File a lawsuit only if necessary
If the insurer:
- Denies fault
- Offers a lowball settlement
- Delays responding
—then your attorney may recommend litigation.
Time Limits: Don’t Miss Your Window
Texas has a strict 2-year statute of limitations for car accident injury lawsuits.
Don’t delay. Your case may be dismissed once the clock runs out—even if you were seriously injured.
FAQs: Who Pays in a Texas Car Accident?
Q: What if the at-fault driver doesn’t have insurance?
A: If you have it, file a claim under your UM/UIM coverage.
Q: What if I was a passenger in the at-fault driver’s car?
A: You may still file a claim against that driver’s insurance.
Q: What if I was partially at fault?
A: If you’re 50% at fault or less, you can recover damages—but the amount may be reduced.
Trusted Resources for Houston Drivers
- TDI Auto Insurance Overview
- City of Houston – Legal Department
- Texas Crash Report Info
You Shouldn’t Pay for Someone Else’s Mistake
Car accidents can be life-altering. Whether it’s a broken bone, whiplash, or something more serious, you shouldn’t be left with the bill if you didn’t cause the crash.
Understanding the payment flow is the first step. Getting a trusted legal partner is the next step.
Mostyn Law Can Help You Get Paid What You Deserve
At Mostyn Law, we’ve helped thousands of Texans like you navigate insurance fights, injury claims, and court cases. Let us deal with the red tape while you focus on healing.
Start your free case review today: https://www.mostynlaw.com/contact/
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