Is Texas an at-fault state for car accidents?

By Greg Parsons · Updated October 18, 2026

Texas does not have a no-fault auto law. Drivers must carry liability coverage for injuries they cause (Transp. Code §601.051), and fault between the people involved is divided under Chapter 33's proportionate responsibility rules. Personal injury protection (PIP) is included in policies unless rejected in writing.

General information about Texas law, not legal advice. The author is not a lawyer. Laws change; check the linked sources and talk to a Texas lawyer about your situation.

Liability insurance is the required coverage

Transportation Code Section 601.051 says a person may not operate a motor vehicle in Texas unless financial responsibility is established for it, usually through a liability insurance policy. The required minimums are $30,000 for injury or death of one person, $60,000 for two or more people, and $25,000 for property damage in one collision (§601.072). Liability coverage pays for harm the insured driver is legally responsible for, which is why Texas is commonly described as an "at-fault" or "tort" state.

How fault is divided

When more than one person contributed to a crash, Chapter 33 of the Civil Practice and Remedies Code has the jury assign each a percentage (§33.003). A claimant found more than 50 percent responsible recovers nothing; otherwise damages are reduced by the claimant's share (§33.001, §33.012). See our 51 percent bar rule guide.

Where PIP fits

Insurance Code Section 1952.152 requires insurers to include personal injury protection in auto liability policies unless a named insured rejects it in writing. PIP pays reasonable medical expenses and lost income arising from an accident, incurred within three years, for the named insured, household members and authorized passengers (§1952.151). It is paid by your own insurer, which is a "first-party" feature inside a fault-based system.

Police reports and fault

Officers record "contributing factors" on the Texas Peace Officer's Crash Report (CR-3). These are the investigator's opinion, not a court's finding. Our CR-3 codes guide explains how to read them.

Frequently asked questions

Is Texas a no-fault state?

No. Texas requires liability insurance under Transportation Code Chapter 601 and divides fault under Civil Practice and Remedies Code Chapter 33. PIP coverage is included in policies unless rejected in writing, but it does not make Texas a no-fault state.

What are the minimum liability limits in Texas?

Transportation Code Section 601.072 sets $30,000 for bodily injury or death of one person, $60,000 for two or more people, and $25,000 for property damage in one collision.

Sources

  1. Tex. Transp. Code ch. 601 (§§601.051, 601.072) (checked October 18, 2026)
  2. Tex. Civ. Prac. & Rem. Code ch. 33 (checked October 18, 2026)
  3. Tex. Ins. Code ch. 1952 (§§1952.151, 1952.152) (checked October 18, 2026)