Get Insurance After An 'At-Fault' Accident

How is Fault Determined in a Car Accident in Texas?

The State of Texas is an "at-fault" state, which means that the person who is at fault in the accident and their car insurance carrier takes full responsibility for the injuries and damages that they cause during the accident. In "no-fault" states, all involved parties in the accident file an insurance claim with their car insurance company before fault is determined. In a "no-fault" state, drivers must purchase medical payments or personal injury protection coverage. These coverages will be paid out to the driver and their passengers, regardless of fault, before and bodily injury coverage can be paid by the at-fault driver's insurance carrier. Since Texas is an "at-fault" state, drivers are not required to carry coverages for their own medical expenses and those of their passengers.

The most important things you can do at the scene of any car accident are to make sure the vehicles are not moved from where they ended up in the collision (if it's safe to do so) and call the police. Whether the local police or the Texas State Police respond to the scene of the accident, the officer will assess the accident at the scene and interview all involved parties and any witnesses who may have seen the accident happen. This greatly helps your insurance company determine whether you were fully at fault in the accident or if some of the fault may fall on the other parties involved.

If the police do not respond to an accident, it will be up to the insurance adjuster your insurance company assigns to the claim and the other parties' insurance companies to determine who was at fault in the accident based on statements from the drivers involved and statements from any witnesses who may have stepped forward at the scene of the accident. This is less dependable than a police report and may put you at a disadvantage if the car accident is not your fault, so always consider calling the police if you are involved in an accident.

What is Covered by My Insurance if I Cause a Car Accident?

The damages covered if you are in an at-fault accident depend on the coverage you purchased in your car insurance policy. Suppose you have a car insurance policy covering only bodily injury liability and property damage in a car accident. In that case, your insurance company will only pay for the injuries and damages you cause to other people and their property in the accident up to the limits you selected on your policy. If those limits are exceeded, you will be fully responsible for the additional cost of the car accident out of your own pocket.

If you purchased collision coverage on your auto insurance policy, the damages to your vehicle in an at-fault accident will be covered by your insurance company once your deductible is satisfied. If you purchased medical payments or personal injury protection on your car insurance policy, the injuries you and any passengers in your car will be covered up to the policy limit you selected.

Will My Insurance Rates Go Up If I Cause a Car Accident?

If you have a car accident that is your fault, your car insurance rates will more than likely increase when the policy is renewed. Car insurance coverage is rated based on many factors, but a person's driving record and accident history are the biggest ones. An at-fault car accident indicates that your negligence caused the accident and the resulting injuries to others and damages to their property. Typically, if an accident results in damage to just your vehicle or minor damages to another person's vehicle or other property, an auto insurance company will raise your rates when your policy renews to make sure that they collect enough premium from you to cover a similar accident if it happens again. However, if the at-fault accident causes serious injuries to other people or very expensive damages, your auto insurance carrier may decide that you are too high-risk, and they may not offer a renewal policy for your car insurance coverage.

At-Fault Accident FAQs

Q: What is an at-fault accident?

A: An at-fault accident is one that you cause that results in damages to your vehicle or someone else's vehicle or property and any injuries to people in the other vehicles or a pedestrian.

Q: Can I use my insurance if I cause an at-fault accident in Texas?

A: Texas is an "at-fault" state, which means that if you cause the accident, your insurance company must respond financially for the damages you cause to someone else's property and their medical expenses if you injure them.

Q: Do auto insurance rates increase after an at-fault accident in Texas?

A: More than likely, if you have a car accident claim in the State of Texas, your car insurance company will increase your insurance premiums at the next renewal of your policy. If you cause serious injuries or damages, your insurance carrier may decide not to offer a renewal of your policy.