Questions & answers · Car insurance
The other driver's insurance says I was partly at fault. In Texas, does that change what I can get?
Car insuranceDeniedTexasChecked Nov 5, 2026
From K.Actuary, founded by Sangmin Kwon, ASA · sources checked 2026-11-05 · Source: TDI View original ↗
In short
- TDI lists "both drivers were at fault" as something the other insurer might say.
- Texas law Chapter 33 has a rule for court cases: more than 50 percent responsibility bars recovery.
- At 50 percent or less, the court reduces the damages by your percentage.
What this means
This answer uses Texas sources only. TDI says the other driver's insurer might say both drivers were at fault and want you to pay some of your costs. Chapter 33 of the Texas Civil Practice and Remedies Code is about court actions ("In an action to which this chapter applies"). In such an action, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent. If the claimant is not barred, the court reduces the damages by the claimant's percentage of responsibility. The sources do not say how an insurance company must handle a claim before any court case, and they do not say what percentage would be given in your crash.
Your next step
Ask the other insurer in writing for its reason in detail (TDI's advice). Keep the police report and photos. The sources do not give a deadline for the insurer to answer.
Check it yourself
Open Texas Civil Practice and Remedies Code Chapter 33 and read Secs. 33.001 and 33.012 (a). Open the TDI page and find the list under "Issues that can happen when filing a claim".
Where this comes from (2)
[1] TDI · checked 2026-11-05
Say both drivers were at fault and want you to pay some of your costs.
[2] Texas Civil Practice and Remedies Code · Chapter 33 · Sec. 33.001; Sec. 33.012 (a) · checked 2026-11-05
Sec. 33.001. PROPORTIONATE RESPONSIBILITY. In an action to which this chapter applies, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent. … Sec. 33.012. AMOUNT OF RECOVERY. (a) If the claimant is not barred from recovery under Section 33.001, the court shall reduce the amount of damages to be recovered by the claimant with respect to a cause of action by a percentage eq…
How we found this
We matched your question to 2 official sources, quoted the exact lines, and re-checked each quote against its source on 2026-11-05.
What we don’t know yet
Your own plan or notice may say something different. If your letter cites another rule, send it and we will look again.
Every answer is checked against the official rule it quotes.
Information only — not legal advice. Your plan, insurer or agency decides.
This answer quotes the official sources listed above, with the date we checked them. Your own policy, notice and state rules control. We are not your lawyer or your insurer. We don’t file, argue or negotiate claims for you — you send any letter or form yourself.
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