Short answer
When another driver caused the crash, their liability insurance owes you for your vehicle damage, medical bills, lost income, and other losses. You can claim directly against their insurer — no deductible — or go through your own collision coverage, where you pay your deductible and your insurer can seek repayment from the at-fault driver. Texas law doesn’t prohibit a rate increase after a not-at-fault crash, so ask your insurer how it treats one.
What you can claim from the at-fault driver
- Vehicle repairs — or, if the car is totaled, its actual cash value (totaled cars)
- Loss of use, such as a reasonable rental (rental cars)
- Diminished value of a repaired car (diminished value)
- Medical bills and lost income (who pays medical bills)
- Physical pain and other losses from an injury — the part of a claim where advice from a licensed attorney matters most
Two ways to get your car fixed
- Claim directly against the at-fault driver’s insurer. No deductible, but you wait for them to accept liability.
- Use your own collision coverage. Often faster. You pay your deductible up front, and your insurer can pursue the at-fault driver for what it paid — which can include getting your deductible back.
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Should you call your own insurance company?
Yes. Policies require prompt notice of a crash even when you weren’t at fault, and you may need your own coverages if the other insurer delays or denies — PIP pays your medical bills regardless of fault (Insurance Code §1952.155), and uninsured motorist coverage matters if the other driver’s insurance turns out to be missing or too small.
Can your rates go up?
Texas law doesn’t prohibit an insurer from raising your premium after a crash you didn’t cause. Insurers set their own rating rules, so ask yours directly how it treats a not-at-fault claim. If you think your insurer is treating you unfairly, the Texas Department of Insurance Consumer Help Line is 800-252-3439.
“Not my fault” can turn into “partly my fault”
The other insurer may argue you share the blame — speed, following distance, a late brake, a lane change. Under Texas’s 51% rule, your recovery is reduced by your share of fault and disappears if you’re found more than 50% responsible (Civil Practice and Remedies Code §§33.001, 33.012). See how fault works in Texas.
Frequently asked questions
Do I have to pay my deductible if the accident wasn’t my fault?
Only if you use your own collision coverage. A claim directly against the at-fault driver’s insurer has no deductible, and if you use your collision coverage, your insurer can pursue the at-fault driver and may recover your deductible.
Will my insurance go up if I wasn’t at fault in Texas?
Texas law doesn’t prohibit it. Insurers set their own rating rules — ask yours how it treats a not-at-fault claim.
Should I call my insurance if the accident wasn’t my fault?
Yes. Your policy requires prompt notice, and you may need your own PIP, collision, or uninsured motorist coverage if the other driver’s insurer delays or denies the claim.
What can I get paid for a car accident that wasn’t my fault?
Vehicle repairs or its value if totaled, loss of use, diminished value, medical bills, lost income, and losses from any injury — from the at-fault driver, usually through their liability insurance.
Texas law and sources cited
- Tex. Civ. Prac. & Rem. Code §33.001 — no recovery above 50% responsibility
- Tex. Civ. Prac. & Rem. Code §33.012 — damages reduced by your share of fault
- Tex. Transp. Code §550.023 — information drivers must exchange
- Tex. Ins. Code §1952.155 — PIP paid regardless of fault or other coverage
- Texas Department of Insurance — Consumer Help Line and complaints
General information, not legal advice. DFW Crash Data is not a law firm, and every situation is different — for advice about your own claim, talk to a licensed Texas attorney. Laws change; the sources above were checked on the date shown at the top of this page.