Is California, Texas or Washington a no fault state?

People ask whether each driver’s own insurance pays after a crash, no matter who caused it. Here is the answer for California, Texas and Washington, and how the law in each state actually works.

Attorney review in progressLast updated

Sources checked

The short version

  • No. California, Texas and Washington are not no fault states.
  • Each state requires drivers to carry liability insurance or to show another form of financial responsibility. The insurance regulator in each state describes liability coverage as coverage for harm you cause to other people.
  • The minimum liability limits are $30,000, $60,000 and $15,000 in California, for a policy issued or renewed on or after January 1, 2025. They are $30,000, $60,000 and $25,000 in Texas, and $25,000, $50,000 and $10,000 in Washington. The first figure is for one person, the second for two or more people, and the third for property damage.
  • Some coverage on a person’s own policy pays without regard to fault. The Texas statute says that of personal injury protection (PIP). Washington’s Insurance Commissioner says it of PIP in that state, and California’s Department of Insurance says medical payments coverage can pay no matter who is at fault. All three can be missing from a policy: PIP by a written rejection in Texas and in Washington, and medical payments coverage because it was not bought.
  • When both drivers share the blame, what happens to your damages depends on the state. California: Reduced by your share, not barred. Texas: Barred above 50 percent. Washington: Reduced by your share, not barred. The full rules are below.

The answer, and what people mean by no fault

People who ask this usually want to know one thing. After a crash, does each driver’s own insurance pay, no matter who caused the crash?

No. California, Texas and Washington are not no fault states.

That answer is this firm’s own description of how the law in the three states works. No statute and no state agency page read for this page says that California, Texas or Washington is, or is not, a no fault state. This page also found no official definition of the phrase.

What those sources do show is how the law in each state is built: what a driver must carry, what that coverage is for, and which coverage pays without regard to fault. The rest of this page goes through each part, with every rule next to its source.

Who is responsible, and what every driver must carry

Each of the three states requires drivers to carry liability insurance or to show another form of financial responsibility. Liability coverage is about harm a driver causes to other people. The insurance regulator in each state describes it that way.

What a driver must carry, and what liability coverage is for
CaliforniaTexasWashington
CaliforniaTexas
  • A person may not operate a motor vehicle in Texas unless financial responsibility is established for that vehicle. The statute lists five ways to establish it. The first is a motor vehicle liability insurance policy that complies with the statute. The others are a surety bond, two kinds of deposit, and self insurance.

    Tex. Transp. Code § 601.051
  • The Texas Department of Insurance says Texas law requires drivers to show proof they can pay for the accidents they cause. It says most drivers do this by buying liability insurance, and that liability insurance pays other people’s car repairs and medical expenses when you are at fault.

    Texas Department of Insurance, “Auto insurance guide” (last updated 12/11/2025)
Washington
  • No person may operate a motor vehicle that is subject to registration in Washington unless the person is insured under a motor vehicle liability policy with at least the limits the law sets. The statute lists three other ways to comply: being self insured, being covered by a certificate of deposit, or being covered by a liability bond.

    RCW 46.30.020(1)(a)
  • The Washington Office of the Insurance Commissioner says Washington requires liability coverage. It says this covers bodily injury and damage to property that you cause to others while using your car.

    Washington Office of the Insurance Commissioner, “A consumer’s guide to: Auto insurance”

That is why this page answers no. In each state, the insurance the law asks drivers to carry is liability insurance, and liability coverage is for harm a driver causes to someone else.

Minimum liability limits in each state

Each state sets minimum limits for liability coverage. The figures below were read on October 4, 2026. Figures change, so check the source named with each rule.

Minimum liability limits. Figures read on October 4, 2026.
CaliforniaTexasWashington
CaliforniaTexasWashington
  • The limits are not less than $25,000 because of bodily injury to or death of one person in any one accident, $50,000 because of bodily injury to or death of two or more persons in any one accident, and $10,000 because of injury to or destruction of property of others in any one accident.

    RCW 46.29.090(1); RCW 46.30.020(1)(a)

These are minimums set by statute. This page does not say what limits any one driver actually carries.

Coverage on your own policy that pays without regard to fault

This is the part that confuses people. In each state there is a coverage that goes on a person’s own auto policy and can pay medical costs without regard to who caused the crash. It has a different name and different rules in each state.

Coverage for your own medical costs after a crash
CaliforniaTexasWashington
CaliforniaTexas
  • An insurer may not deliver or issue an automobile liability insurance policy in Texas unless it provides personal injury protection (PIP) coverage in the policy or supplemental to it. That does not apply if any insured named in the policy rejects the coverage in writing. After a rejection, the insurer need not provide PIP in a reinstated or renewal policy unless the named insured asks for it in writing.

    Tex. Ins. Code § 1952.152(a), (b)
  • The Texas Department of Insurance says all auto policies in Texas include PIP coverage, and that a person who does not want it must tell the company in writing.

    Texas Department of Insurance, “Auto insurance guide” (last updated 12/11/2025)
  • PIP benefits are payable without regard to the fault or nonfault of the named insured or of the person receiving them in causing or contributing to the collision. The insurer must pay benefits periodically as claims arise, and not later than the 30th day after it receives satisfactory proof of a claim. The statute lists exclusions.

    Tex. Ins. Code §§ 1952.155(a), 1952.156(a), 1952.158
  • The statute does not require an insurer to provide PIP coverage in an amount that exceeds $2,500 for all benefits, in the aggregate, for each person. It does not prevent an insurer from providing broader benefits.

    Tex. Ins. Code §§ 1952.153, 1952.161(2)
  • PIP covers reasonable and necessary medical and funeral costs that arise from an accident, for expenses incurred not later than the third anniversary of the accident. For a person who earns income, it also covers income lost as the result of the accident. For a person who does not, it covers essential services that person ordinarily performed for the family or household.

    Tex. Ins. Code § 1952.151
Washington
  • No new automobile liability insurance policy, and no renewal of one, may be issued unless personal injury protection (PIP) coverage is offered as an optional coverage. A named insured may reject PIP in writing. After a rejection, the insurer need not include PIP in a supplemental, renewal or replacement policy unless a named insured later asks for it in writing.

    RCW 48.22.085(1), (2)
  • The Washington Office of the Insurance Commissioner says buying PIP is your choice, and that by law your insurer must offer it. It says that if you do not reject PIP in writing, your auto insurer will add it to your policy and charge you for it.

    Washington Office of the Insurance Commissioner, “Personal injury protection (PIP)”
  • The minimum PIP coverage an insurer must offer has these benefit limits for each insured: medical and hospital benefits of $10,000, a funeral expense benefit of $2,000, income continuation benefits of $10,000, subject to a limit of $200 per week, and loss of services benefits of $5,000, subject to a limit of $200 per week. Medical and hospital benefits are payable for expenses incurred within three years from the date of the automobile accident.

    RCW 48.22.095(1); RCW 48.22.005(7)
  • The Insurance Commissioner says PIP applies no matter who is at fault. It also says there are some situations where PIP does not apply.

    Washington Office of the Insurance Commissioner, “Personal injury protection (PIP)”

So one coverage on a policy can pay regardless of fault. That does not make the state a no fault state. The liability coverage each state requires is a separate part of a policy, and it is for harm a driver causes to someone else.

This page has no verified California statute on medical payments coverage. What is above is the Department of Insurance’s description.

What the insurance regulators say about medical bills

This page has no verified rule, in any of the three states, on which coverage pays first. What it has is how the insurance regulator in each state describes medical bills after a crash. These are general descriptions. They use words like “usually”, “should” and “might”, and they are not rules of law.

How the insurance regulator in each state describes who pays medical bills
CaliforniaTexasWashington
CaliforniaTexasWashington

These are descriptions, not promises. This page has no verified rule on when the other driver’s insurance company must pay. No policy was read for this page.

When both drivers share the blame

Sometimes more than one driver is partly at fault. Each state has a general rule for what that does to an injured person’s damages. The three rules below are the ones this site already publishes for each state. They were checked on October 3, 2026, one day before the other rules on this page.

The general rule if you were partly at fault
CaliforniaTexasWashington
CaliforniaTexasWashington
  • Your share of fault reduces your damages by that percentage but does not bar your claim. One exception: an injured person who was under the influence can be barred entirely if that was a cause of the injury and they were more than 50 percent at fault.

    RCW 4.22.005; RCW 5.40.060

These are general rules. This page does not say who was at fault in any crash.

This page gives the rules as they are written. It does not say how they apply to your crash. If you were hurt in a crash someone else caused, the intake team can tell you whether the firm can help: 800-411-9049.

Questions and answers

Is California a no fault state?

No. California is not a no fault state. California law makes a person responsible for an injury caused to someone else by a lack of ordinary care. It requires every driver and owner to be able to establish financial responsibility at all times. The California Department of Insurance says liability coverage helps pay for injuries or damage that you cause to others. It describes medical payments coverage as coverage you can choose not to buy, and says that coverage can pay for immediate medical care no matter who is at fault.

Is Texas a no fault state?

No. Texas is not a no fault state. Texas law says a person may not operate a motor vehicle unless financial responsibility is established for it. The Texas Department of Insurance says drivers must show proof they can pay for the accidents they cause. One coverage is payable without regard to fault: personal injury protection, which is in every Texas auto liability policy unless a named insured rejected it in writing.

Is Washington a no fault state?

No. Washington is not a no fault state. Washington law requires a person who drives a vehicle that must be registered in the state to have liability insurance or another listed form of financial responsibility. The Office of the Insurance Commissioner says liability coverage covers bodily injury and damage to property that you cause to others. Insurers must offer personal injury protection, a named insured can reject it in writing, and the Insurance Commissioner says it applies no matter who is at fault.

What is PIP, and does it pay if I was not at fault?

PIP stands for personal injury protection. It is a coverage on a person’s own auto policy. In Texas, the statute says PIP benefits are payable without regard to the fault or nonfault of the named insured or of the person receiving them, and the insurer must pay not later than the 30th day after it receives satisfactory proof of a claim. In Washington, the Insurance Commissioner says PIP applies no matter who is at fault, and that there are some situations where it does not apply. In both states PIP can be rejected in writing. California’s Department of Insurance describes a different coverage, medical payments coverage, which a person can choose not to buy. This page does not say what is on your own policy.

Who pays my medical bills after a crash that was not my fault?

This page has no verified rule, in any of the three states, on which coverage pays first. What it has is how the insurance regulator in each state describes it. The California Department of Insurance says that usually your health insurance pays for your immediate medical care. The Texas Department of Insurance says the other driver’s insurance should pay for your medical bills, that there is no guarantee it will, and that your own personal injury protection, medical payments or uninsured and underinsured motorist coverage might pay. Washington’s Insurance Commissioner says personal injury protection can help pay medical and hospital costs and applies no matter who is at fault. These are general descriptions, not rules of law.

What if we were both partly at fault?

Each state has its own general rule. California reduces your damages by your percentage of responsibility. There is no cutoff: you can recover something even if you were mostly at fault. Texas reduces your damages by your percentage of responsibility. If you are found more than 50 percent responsible, you recover nothing. In Washington, the rule is this. Your share of fault reduces your damages by that percentage but does not bar your claim. One exception: an injured person who was under the influence can be barred entirely if that was a cause of the injury and they were more than 50 percent at fault. These are general rules. This page does not say how they apply to any one crash.

Sources

Primary sources for the rules on this page. Checked on October 4, 2026.

California

  1. Cal. Civ. Code § 1714, subd. (a)
  2. Cal. Veh. Code §§ 16020, 16021
  3. California DMV, “Insurance Requirements”
  4. California Department of Insurance, “Automobile Insurance” information guide (Form 101, revised February 5, 2025)
  5. Cal. Veh. Code § 16056, subd. (a)(2)
  6. California Department of Insurance, “Automobile Insurance” information guide (Form 101, revised February 5, 2025), “Other Kinds of Coverage” and “Coverage Summary”
  7. California Department of Insurance, “Automobile Insurance” information guide (Form 101, revised February 5, 2025), “If You Have an Accident”
  8. Li v. Yellow Cab Co. (1975) 13 Cal.3d 804; CACI No. 405

Texas

  1. Tex. Transp. Code § 601.051
  2. Texas Department of Insurance, “Auto insurance guide” (last updated 12/11/2025)
  3. Tex. Transp. Code § 601.072(a-1)
  4. Tex. Ins. Code § 1952.152(a), (b)
  5. Tex. Ins. Code §§ 1952.155(a), 1952.156(a), 1952.158
  6. Tex. Ins. Code §§ 1952.153, 1952.161(2)
  7. Tex. Ins. Code § 1952.151
  8. Texas Department of Insurance, “Were you in a wreck? Tips for auto insurance claims” (last updated 9/24/2025)
  9. Texas Department of Insurance, “Accident not your fault? Here’s how to deal with the other driver’s insurance.” (last updated 4/24/2025)
  10. Tex. Civ. Prac. & Rem. Code §§ 33.001, 33.012

Washington

  1. RCW 46.30.020(1)(a)
  2. Washington Office of the Insurance Commissioner, “A consumer’s guide to: Auto insurance”
  3. RCW 46.29.090(1); RCW 46.30.020(1)(a)
  4. RCW 48.22.085(1), (2)
  5. Washington Office of the Insurance Commissioner, “Personal injury protection (PIP)”
  6. RCW 48.22.095(1); RCW 48.22.005(7)
  7. Washington Office of the Insurance Commissioner, “What to do if you’re hit by an uninsured or underinsured driver”
  8. RCW 4.22.005; RCW 5.40.060

This site gives general legal information. It is not legal advice, and reading it does not create an attorney client relationship. Deadlines depend on the facts. Some are much shorter than the general rule. Do not rely on this page to decide how long you can wait.

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