The At-Fault Party is the person or organization who was the proximate cause of an accident that caused injuries or damages. In Texas, this means that person responsible for an accident is also responsible for payment of damages.
A Not-At-Fault Party in Texas can recover damages for their injury in one of three ways:
- File a claim with their own applicable insurance, such as Personal Injury Protection (PIP) or Uninsured Motorist Coverage. These may be the only option with an uninsured and financially limited defendant.
- File a claim against the At-Fault Party’s insurance company.
- File a lawsuit directly against the At-Fault Party.