Last updated October 9, 2026. By Ryan Orsatti, founding attorney of Ryan Orsatti Law in San Antonio.

How car accident settlements are figured in Texas

There is no official formula. Adjusters, lawyers and juries all start from the same pieces: what you lost, what you went through, who caused the crash, and how much insurance is there to pay. A Texas car accident claim can include:

• Medical expenses, past and future
• Lost earnings and lost ability to earn in the future
• Physical pain and mental anguish
• Physical impairment and disfigurement
• Property damage, including repairs or replacement and, in some cases, your vehicle’s lost value

Medical bills count at what was actually paid or owed

Texas limits recovery of medical expenses to the amount actually paid or incurred by or on behalf of the injured person (Tex. Civ. Prac. and Rem. Code § 41.0105). If health insurance reduced a bill, the claim is generally built on the reduced amount, not the sticker price. The Texas Supreme Court applied this rule in Haygood v. De Escabedo (Tex. 2011).

Your share of fault changes the math

Texas uses a 51 percent bar. If you are more than 50 percent responsible, you recover nothing (§ 33.001). At 50 percent or less, your damages are reduced by your percentage of fault (§ 33.012). Insurers know this, which is why fault is often the first fight.

Insurance limits often cap what can be collected

Texas drivers must carry at least $30,000 per person and $60,000 per crash for injuries, plus $25,000 for property damage (Tex. Transp. Code § 601.072). If the at-fault driver carries only the minimum, other coverage can matter: your own UM/UIM or PIP, an employer’s policy, or a commercial or rideshare policy.

Why an online settlement calculator can’t tell you what your case is worth

Many settlement calculators multiply your medical bills by a number and call the result pain and suffering. Texas law has no multiplier. A jury decides physical pain and mental anguish based on the evidence in your case. Two people with the same medical bills can have very different claims because of fault, gaps in treatment, prior injuries and the insurance available. A number from a website can set expectations too high or too low, and either one can cost you.

What the Claim Check does instead

The free Claim Check above takes about two minutes and never asks for your email. It:

• Adds up the losses you enter so you can see them in one place
• Checks your Texas filing deadline, including shorter notice rules for government vehicles
• Shows the insurance coverage that may apply to your crash
• Flags the issues insurance companies use to cut claims, like treatment gaps, recorded statements and signed releases
• Tells you what can help with each one

Texas deadlines you can’t miss

Most Texas personal injury lawsuits must be filed within two years of the crash (§ 16.003). Claims involving a government vehicle usually require written notice within six months (§ 101.101(a)), and a city charter can require notice even sooner (§ 101.101(b)). That notice rule does not apply when the government already had actual notice of the injury (§ 101.101(c)). Exceptions exist, so have a lawyer confirm your dates.

Frequently asked questions

Talk to a San Antonio car accident lawyer

Ryan Orsatti Law handles car, truck, motorcycle and rideshare crash cases across Texas. Call 210-525-1200 for a free case review.

• San Antonio car accident lawyer
• Truck and 18-wheeler accidents
• Motorcycle accidents
• Uber and Lyft accidents
• Uninsured motorist claims
• Hit and run accidents
• Wrongful death

Attorney advertising. This page gives general information about Texas law and is not legal advice. Every case depends on its facts and no result is promised. Responsible attorney: Ryan Orsatti, Ryan Orsatti Law, 4634 De Zavala Rd, San Antonio, TX 78249. The firm works on a contingency fee. You pay nothing unless the firm recovers money for you, and that covers case expenses as well as the fee: if there is no recovery, you owe no attorney’s fee and no case expenses.