Who Pays For Car Accident Compensation In Texas?

Our San Antonio car accident lawyers fight for injured crash victims

Our San Antonio car accident lawyers realize crashes can leave victims with serious and debilitating injuries. These injuries – such as tinnitus, broken ribs, lower back pain, and pain and suffering – can take weeks, months, or years to recover from and often result in lots of unpaid medical bills. They can also leave crash victims unable to return to work, leading to lost wages while other bills keep coming in. So, who pays for car accident compensation in Texas?

When you’ve been injured in a car wreck, you have the right to seek financial compensation. Getting that compensation can be complicated. The experienced car accident compensation lawyers at Herrera Law Firm can help. We fight to get injured victims the money they rightfully deserve. Discover how our legal team can help you. Contact us today for a free consultation.

Texas is a “fault” insurance state

When a car accident happens, one driver is generally considered “at fault” or to blame for the crash. In Texas, the at-fault driver is responsible for paying all accident-related expenses. Drivers in the state are required to have car insurance with minimum amounts of liability coverage for injuries and property damage. Those minimum limits are:

• $30,000 for each injured person, per accident
• $60,000 total for all injuries in an accident
• $25,000 for property damage, per accident

You can also choose to add optional insurance coverage. For example, you can add personal injury protection (PIP) to pay for medical expenses and a percentage of lost income. You can also add collision coverage, which pays for damage to your vehicle. Another option is uninsured and underinsured motorist (UIM) coverage, which can pay for damages if you are in an accident with an uninsured or underinsured driver.

How is car accident compensation calculated?

Car accident compensation generally falls into two categories: economic and non‑economic damages. Economic losses include medical bills, lost wages, and property damage. Non‑economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and the daily impact of injuries like broken ribs, back pain, or chronic headaches.

Our San Antonio car accident compensation attorneys look at the big picture. We don’t just focus on your immediate expenses. That means we calculate everything, including future rehabilitation, daily living needs, transportation, and reduced earning capacity. Our job is to document every category of loss and ensure all of your damages are taken into account.

How long you have to file

Every car accident case is governed by a statute of limitations, which is the legal deadline to file a lawsuit in court. In Texas, most personal injury claims from car accidents must be filed within two years from the date of the crash, though there can be exceptions for minors, government defendants, or other special circumstances. Missing this deadline usually means losing your right to pursue compensation entirely, no matter how strong your case might have been.

Even though that sounds like a lot of time, waiting too long can make it harder to gather evidence, locate witnesses, or obtain complete medical documentation. Insurance claims typically happen well before a lawsuit, but if negotiations stall or the company refuses to make a fair offer, our San Antonio car accident compensation lawyers won’t hesitate to file a lawsuit.

What if the other driver doesn’t have insurance?

If the other driver has no insurance or not enough coverage, your options depend heavily on your own policy. In Texas, drivers must carry minimum liability limits of $30,000 per person, $60,000 per accident for bodily injury, and $25,000 for property damage, but many people carry only those minimums or no insurance at all. Uninsured motorist (UM) coverage can help when the at‑fault driver has no insurance or flees the scene in a hit‑and‑run, while underinsured motorist (UIM) coverage can step in when their limits are too low to cover all your losses.

These coverages can pay for medical bills, lost wages, and pain and suffering, up to your policy limits. You may also have personal injury protection (PIP) or MedPay to help with immediate medical costs regardless of fault. A car accident compensation lawyer at our law firm can review your policy, identify all available coverages, and pursue claims against every potential source of recovery.

What if you’re partially at fault?

Being partly at fault doesn’t always mean you’re out of luck. Texas uses comparative negligence rules, which reduce your compensation by your percentage of fault. For example, if your damages are valued at $100,000 but you are found 20 percent at fault for speeding or not wearing a seatbelt, your recovery could be reduced to $80,000.

Texas also follows a modified form of comparative negligence, often called the “51 percent bar,” meaning you can typically recover as long as you are not more than 50 percent responsible for the crash. Insurance companies know this and may try to push more blame onto you to shrink what they pay, especially in cases involving rear‑end collisions, lane changes, or shared visibility issues.

A car accident compensation attorney can gather evidence, work with experts, and argue for a fair allocation of fault that protects as much of your compensation as possible.

Injured in a car wreck? Start a claim against the at-fault driver.

If you file a claim with the at-fault driver’s insurance company, that’s called a “third-party” claim. Third-party claims are often complicated. That’s because the insurance company does not have your best interests in mind. They want to settle your claim as quickly and cheaply as possible. Often, they’ll make you an offer immediately after your accident. These offers rarely cover the true cost of your accident-related expenses. In some cases, the insurance company may even say you were more than 50 percent to blame for the accident. The car accident attorneys from our San Antonio law firm know the games insurance companies play, and our legal team won’t rest until we negotiate a fair settlement for you.

We take your case seriously right from the beginning

Most insurance companies are willing to negotiate. But sometimes, they may refuse to pay you the compensation you deserve. If that happens, we can file a lawsuit on your behalf and fight for you in court. We know how to build a strong case that proves you were not to blame for the accident and shows you deserve to be compensated for your car accident injuries.

If you’ve been injured in a car wreck, don’t delay. Under Texas law, you have two years from the date of injury to file a lawsuit for damages. Taking quick action allows us to build a strong case on your behalf. Learn more about your legal options and the average compensation for car accident injuries in Texas. Contact us today for a free consultation.