Three Texas rules that change the number
A Texas car accident claim is valued like any other, medical bills times a severity multiplier plus lost wages, but three state rules adjust the result, and the calculator applies all three:
- Proportionate responsibility (51% bar). Your damages are reduced by your percentage of responsibility, and you recover nothing if you were more than 50% responsible.[1]
- Paid or incurred. Recovery of medical expenses is limited to the amount actually paid or incurred by you or on your behalf, so insurer write-offs do not count.[3] Enter the paid amounts, not the chargemaster price.
- 30/60/25 minimum coverage. Texas drivers must carry at least $30,000 of bodily injury coverage per person, $60,000 per accident and $25,000 for property damage.[2] A serious injury caused by a minimum-limits driver is usually capped at $30,000 unless you have underinsured motorist coverage.
Texas car accident settlement by fault percentage
The 51% bar creates a cliff: at 50% fault you still recover half, at 51% nothing. The table uses the example claim ($15,000 medical, $5,000 wages, moderate injury, no policy cap):
| Your share of fault | Claim value |
|---|---|
| 0% | $50,000–$65,000 |
| 20% | $40,000–$52,000 |
| 40% | $30,000–$39,000 |
| 50% | $25,000–$32,500 |
| 51% | Barred |
| 60% | Barred |
Because each percentage point matters, Texas insurers investigate fault aggressively: dash-cam video, the crash report and witness statements are the evidence that moves this number.
Policy limits in Texas
When damages exceed the at-fault driver’s limit, the practical ceiling is that limit plus your own underinsured motorist (UIM) coverage. Every Texas auto policy includes personal injury protection (PIP) unless you rejected it in writing, and insurers must offer uninsured/underinsured motorist coverage. PIP pays your medical bills, lost wages and other costs whatever the fault, up to its dollar limit.[2]
| At-fault driver’s bodily injury limit | Recoverable from that policy |
|---|---|
| $30,000 | $30,000–$30,000 |
| $50,000 | $50,000–$50,000 |
| $100,000 | $100,000–$100,000 |
| $250,000 | $175,000–$215,000 |
Deadline: two years in Texas
A Texas personal injury suit must be filed within 2 years of the crash under Tex. Civ. Prac. & Rem. Code § 16.003(a).[4] Negotiating with an adjuster does not pause it. Claims against a city or county vehicle need a written notice much sooner; see the statute of limitations by state table and calculator.
What Texas cases go to court for
Most claims settle. Nationally, the median award to plaintiffs who won a car accident trial was $15,000, and plaintiffs won 64% of those trials.[5] Use the general car accident settlement calculator to compare other states’ fault rules, the settlement calculator for your take-home after fees and liens, and the statute of limitations on debt in Texas if medical bills went to collections. Small property-only claims up to $20,000 can go to justice court: see small claims court Texas.
Frequently asked questions
How is a car accident settlement calculated in Texas?
What is the minimum car insurance in Texas?
Can I get a settlement in Texas if I was partly at fault?
How long do I have to file a car accident lawsuit in Texas?
Sources
- Tex. Civ. Prac. & Rem. Code § 33.001: proportionate responsibility (51% bar)
- Auto insurance guide: Texas minimum liability coverage (30/60/25)
- Tex. Civ. Prac. & Rem. Code § 41.0105: recovery of medical expenses limited to amounts actually paid or incurred
- Tex. Civ. Prac. & Rem. Code § 16.003(a): personal injury limitation period
- Tort Bench and Jury Trials in State Courts, 2005 (NCJ 228129), by Thomas H. Cohen