What is the difference between at-fault and no-fault car accidents? Generally speaking, the difference is whether blame is placed on anyone who is involved in the crash as far as insurance and related payouts are concerned versus if no blame is assigned, if no fault is given, and payouts are primarily issued according to relevant policy limits.

Your Not Being an At-Fault Driver

One way to view the term, “no-fault car accident,” is to define it as a situation in which one or more drivers were not at fault for what happened. For example, perhaps you were injured by someone who was driving while intoxicated, while texting or while blasting through a red light as you were following all applicable traffic laws.

However, that is not how states and insurance companies view the discussion of at-fault versus no-fault car accidents. The distinction to keep in mind is whether states have adopted a policy of at-fault or no-fault car accidents. More specifically, is blame assigned as far as whether those relevant insurance payouts are issued?

No-Fault Car Accidents

In several states, no-fault car accidents are the legal norm where insurers are concerned. There, personal injury protection (PIP) is applied by insurance companies, and this is done regardless of who is at fault. It does not matter if one person was 100% at fault, if both parties were 50% at fault or otherwise. In any case, that PIP coverage is generally used to pay for the holder’s own expenses and, potentially, other damages.

However, keep in mind that at-fault drivers can still be sued, depending on the specific laws in that state and if certain conditions are met. For that reason, liability car insurance should still be carried in those locations.

A few examples of no-fault states include Florida, Michigan, Minnesota, New York, Massachusetts and Hawaii.

At-Fault Car Accidents

Other states are known as at-fault states. Included in this group are Texas, Tennessee, Ohio, Idaho and Oregon.

That means that fault is assessed, and that is what most determines who receives compensation and to what degree. In many situations, drivers cannot receive compensation if they are deemed to be more than 50% at fault for the crash with the main difference occurring if someone is exactly 50% at fault. For example, in Texas, if you are 50% at fault, you can still receive damages, but in Tennessee, you would not be able to.

In those latter types of states, a modified comparative fault system is in place. It is comparative fault in that drivers and potentially others are determined to be certain percentages at fault for the crash. Meanwhile, it being modified means that there is a cutoff, often at or just past 50%, which results in no compensation for affected drivers.

Also note that compensation for pain and suffering is more common in at-fault states as opposed to no-fault states.

Determining Fault

Determining fault in an accident can be straightforward, quite complicated or somewhere in between.

For example, if someone was sitting at a red light and was rear-ended by a drunk driver, that would, barring other circumstances, often be an open-and-shut case of the drunk driver being 100% at fault for the crash.

Conversely, there are numerous examples of when determining fault is not simple at all. Perhaps weather played a role, but it is not certain if someone was driving too fast for the conditions. Or there is a multi-car crash with numerous drivers and potentially even other entities at fault for what happened. Another example would be one driver illegally turning while the other was failing to stop at a stop sign and they crash.

Here are several of the main considerations for insurance companies and, if necessary, judges and juries when determining who is at fault for a car accident and what percent at fault they were:

• The relevant police report is one. This is an official documentation of what occurred, and it includes what the officer observed while conducting interviews and assessing the scene.
• Videos and photos of physical evidence are another. Common examples of helpful information that can be featured in those videos and photos include skid marks, debris left behind, damage caused to property and injuries suffered.
• Any witness statements that are collected would also be considered. These interviews can be conducted by someone who was involved in the crash.
• Experts can engage in accident reconstruction, which is often invaluable in determining fault for what happened. Note that this is more commonly done when the crash is disputed or serious.

Role of PIP in Texas

Although personal injury protection is not required in Texas, it can only be turned down in writing. If you are a Texas driver who is unsure if you have PIP, check your policy documents.

The main reason why many Texans take advantage of PIP despite being in an at-fault state is because it can cover expenses regardless of where fault may lie. Connected with that, its biggest advantage for many is that it can result in receiving money much more quickly than is often the case for insurance plans in at-fault states. This is especially true when it ends up not being easy or fast to determine fault in the crash.

Role of Uninsured/Underinsured Motorist Coverage In Texas

Even if the other driver in a two-car accident is deemed to be fully at fault, their not having insurance or being underinsured can significantly affect your efforts to be compensated for your injuries and property damage. This is why uninsured and underinsured motorist coverage can play a significant role in this process as it allows your own insurance company to pay for many of those expenses.

Note that if you are the victim of a hit-and-run crash and the other driver is never identified or found, uninsured motorist coverage would normally apply.

UM/UIM coverage must be declined in writing by those who do not wish to receive it.

Claims Adjusters

When in a car crash in an at-fault state, you may be interacting with claims adjusters. They work for insurance companies and evaluate what happened and determine the degree to which each party was at fault.

However, they do not have the final say. If the case goes to a judge or jury, that person or those people will determine this.

What Should You Do After an Accident?

If you are in an accident in an at-fault state, such as Texas, there are a few steps that you should take. That said, all of these also apply to most drivers in no-fault states since further compensation is often possible there beyond the initial insurance payments.

The first step for everyone is to check for injuries, not just your own but also any suffered by others. This takes priority over everything else.

If doing so is possible and necessary, then move affected vehicles away from traffic.

Contact the police so that an official report can be filed. Note that this is legally required in many circumstances in Texas and in a number of other states.

Exchange insurance information and other relevant details with others who were involved in the crash and contact information with those who witnessed what happened.

Take videos and photos of the crash site, damage to property and injuries suffered. Also keep in mind that traffic camera footage obtained later, whether from nearby businesses, intersection cameras, dashcams or otherwise, can prove pivotal in a case, but note that this should be requested fast to ensure that it does not get erased or otherwise lost.

Contact your insurance company, but only provide basic information about the car accident, such as that the crash happened, where and when it occurred and what vehicles were involved. Do not admit fault or discuss specific details about any injuries suffered before speaking with a lawyer. In particular, do not say that you are uninjured prior to seeing a doctor. Also do not accept any settlement offers prior to receiving legal advice.

Prevention is Best

Of course, the best strategy is to do everything within your power to avoid being in a car accident. Obviously, you cannot eliminate this possibility entirely, but you can reduce its likelihood by engaging in defensive driving, such as through following these pieces of advice:

• Anticipate others’ potential mistakes.
• Scan 10-15 seconds ahead.
• Be at least three seconds behind the car in front.
• Regularly check blind spots.
• Use your turn signals prior to changing lanes and turning.

Conclusion

If you are involved in a car accident in an at-fault state, like Texas, it is important to ensure that you are treated fairly and that the accident is being assessed accurately as far as determining fault is concerned and otherwise.

Legal assistance can help you receive a fair settlement from an at-fault crash situation. The lawyers at Haney Paschal & Romoser are well-versed in Texas law and understand how to negotiate with insurance companies as well as prepare a case like this for trial if necessary.