Texas · Comparative fault · Updated Oct 2026

Comparative fault in Texas: who pays when both drivers share the blame

How modified comparative fault with a 51% bar works in Texas, the law behind it and how insurers apply it.

Short answer

In Texas, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Rule
Modified (51% bar)
You recover nothing at
51% of the fault or more
Law
Tex. Civ. Prac. & Rem. Code § 33.001: you cannot recover if your share of responsibility is greater than 50%.
Insurance system
Fault (tort)

Insurance and small claims in Texas

Fault-based. Every policy must include personal injury protection (PIP) unless you reject it in writing; the required amount is $2,500 per person (Tex. Ins. Code §§ 1952.152, 1952.153).

Small claims limit for car damage in Texas: $20,000 in Justice Court. Texas small claims guide on Small Claims Map

How fast an insurer must handle a claim in Texas

  • For claims on your own policy, the insurer must acknowledge the claim, start investigating and ask for what it needs within 15 days of notice (Tex. Ins. Code § 542.055), accept or reject in writing within 15 business days after getting everything it asked for (up to 45 days if it tells you why it needs more time) (§ 542.056; TDI), and pay within 5 business days after saying it will pay (§ 542.057).
  • If it breaks these rules it owes 18% yearly interest plus attorney's fees (§ 542.060).
  • These rules don't cover claims against the other driver's insurer.

If the insurer says you were partly at fault

  1. Get the police report. Buy a copy of the officer's crash report (CR-3) from TxDOT's Crash Report Online Purchase System: $6 for a regular copy, $8 for a certified copy (a small online surcharge may apply). https://www.txdot.gov/data-maps/crash-reports-records.html Reporting a crash in Texas and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to Texas Department of Insurance (TDI).
  4. Sue before the deadline: 2 years for both property damage and injury. Deadlines to sue in Texas, with the calculator

Who pays in Texas: fault and payout explainer

Modified comparative fault (51% bar)In Texas, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Free help in Texas

Questions about comparative fault in Texas

Is Texas a comparative negligence state?

Yes, modified comparative negligence with a 51% bar. Tex. Civ. Prac. & Rem. Code § 33.001: you cannot recover if your share of responsibility is greater than 50%.

Where can I complain if an insurer blames me unfairly in Texas?

Texas Department of Insurance (TDI): https://www.tdi.texas.gov/consumer/get-help-with-an-insurance-complaint.html · 800-252-3439

How fast must an insurer handle a car insurance claim in Texas?

For claims on your own policy, the insurer must acknowledge the claim, start investigating and ask for what it needs within 15 days of notice (Tex. Ins. Code § 542.055), accept or reject in writing within 15 business days after getting everything it asked for (up to 45 days if it tells you why it needs more time) (§ 542.056; TDI), and pay within 5 business days after saying it will pay (§ 542.057). If it breaks these rules it owes 18% yearly interest plus attorney's fees (§ 542.060).

How do I get the police report in Texas?

Buy a copy of the officer's crash report (CR-3) from TxDOT's Crash Report Online Purchase System: $6 for a regular copy, $8 for a certified copy (a small online surcharge may apply). https://www.txdot.gov/data-maps/crash-reports-records.html

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Nearby states

Sources

Last checked: Oct 24, 2026.