Separate Injury Claims for Both Spouses in One Crash

Attorney Answer

Yes. Each of you has your own injury claim, and neither claim depends on the other. In Texas a personal injury claim belongs to the person who was hurt. Two people in the same car who are both injured by the same driver bring two separate claims, and each is measured by that person's own injuries and losses.

The duty the other driver owed you both is the same. Tex. Transp. Code § 545.062(a) provides: "An operator shall, if following another vehicle, maintain an assured clear distance between the two vehicles so that, considering the speed of the vehicles, traffic, and the conditions of the highway, the operator can safely stop without colliding with the preceding vehicle or veering into another vehicle, object, or person on or near the highway." Tex. Transp. Code § 545.351(b)(2) separately requires a driver to control speed to avoid colliding with a vehicle lawfully on the road. A vehicle stopped in traffic is on the road in compliance with law.

Fault is still allocated, not assumed. Under Tex. Civ. Prac. & Rem. Code § 33.001 a claimant more than 50 percent responsible recovers nothing; § 33.012(a) reduces damages by the claimant's own percentage; and § 33.013(a) limits each defendant to its own share. Under § 33.003 the trier of fact determines a percentage of responsibility for each claimant, so a passenger's position is not automatically the driver's position.

The practical limit is usually coverage, not liability. Tex. Transp. Code § 601.072(a-1) requires minimum limits of $30,000 for injury to one person and $60,000 for two or more people in one collision, with $25,000 for property damage. If the at-fault driver carries only the minimum, two injured people may be sharing one per-crash limit, and the two claims can compete. That is the main reason to look at your own policy: Tex. Ins. Code § 1952.101 requires uninsured/underinsured motorist coverage unless a named insured rejected it in writing, and Tex. Ins. Code § 1952.152 requires personal injury protection on the same terms. PIP pays medical expenses without regard to who was at fault.

Damage to the vehicle is a separate matter from injury, and that claim belongs to the owner of the car.

What you can do

1. Each of you should be seen by a doctor, and each should keep separate records, bills, and work-absence documentation. Claims are proved person by person.

2. Ask the investigating agency for a copy of the crash report. Texas has no driver-filed report; the officer's report is the record.

3. Ask your own insurer, in writing, whether your policy has personal injury protection and uninsured/underinsured motorist coverage, and for a copy of the declarations page.

4. Ask the other driver's insurer, in writing, to confirm the policy's per-person and per-crash bodily injury limits.

5. Do not sign a release for either of you until the full extent of both injuries is known. A release ends that person's claim for good.

6. Ask a Texas personal injury attorney whether the two claims should be handled together or separately, especially if limits may not cover both. Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts with someone who can ask you questions is worth more than any general guidance, including this page.

⏱ Time limits apply. Tex. Civ. Prac. & Rem. Code § 16.003(a) generally gives two years from the day the cause of action accrues to sue for personal injury and for property damage. Each of you has your own deadline, and the accrual date depends on the facts. Have a Texas attorney confirm both dates well before the two-year mark.