What’s the difference between at fault states and no fault states?
Every state has its own state laws governing car accidents, but each fits into one of two categories: the “at fault states” or “no fault states.” These categories determine how liability is determined in a car accident and how insurance policies work:
- In at fault states, the driver who caused the accident is liable for the cost of the accident, and their insurance will pay for it—for everyone involved.
- In no fault states, each driver’s insurance pays for their own costs, including the costs to passengers in their car. It doesn’t matter who caused the accident.
What is considered “at fault”?
The at-fault driver who was responsible for the accident, even if it was through carelessness, has a duty to pay for the other person’s costs.
In some cases, it’s obvious who’s at fault. If someone runs a red light and causes an accident, for example, there is no arguing that they are responsible for the costs. In other cases it’s not so obvious, and someone can be at fault simply through someones carelessness—meaning they could have prevented the accident if they were more careful.Who determines fault in an at-fault state?
In most cases the insurance companies will attempt to work out who is at fault. Insurance companies have rules to determine responsibility in a car accident. They take into account the crash report or other factors, but they can make their own final decision—they do not have to follow the police’s opinion.
You won’t always agree with the insurance company’s decision. That’s why it’s so important to have a good houston car accident lawyer on your side for any claim. Your lawyer can help gather evidence that proves you are not at fault, and negotiate with the insurance company.
Work with an experienced lawyer if you’ve been in an accident.
Have you been involved in an accident? Pusch & Nguyen Accident Injury Lawyers offers a free consultation with some of the most experienced and respected personal injury lawyers in Texas. Fill out the form or call us at to get your FREE consultation today.