Texas Car Accident Claim Process: Steps and Insurer Deadlines
Learn the Texas car accident claim process step by step, including the 15-business-day insurer deadlines, repair shop choice and how to complain.
The Texas car accident claim process starts with reporting the crash to an insurer, then moves through an investigation, a decision and payment. According to the Texas Department of Insurance, a company has 15 business days to acknowledge your claim and 15 business days after getting what it needs to say whether it will pay. This article covers each step.
What is the Texas car accident claim process?
A claim is your request for an insurer to pay for losses from a crash. You can file with your own insurer or with the at-fault driver's insurer. The Texas Department of Insurance (TDI) says to file as soon as you can, and if you file with the other driver's insurer, you should still notify your own. For how fault affects the result, see Texas personal injury law.
- File the claim with your insurer or the at-fault driver's insurer.
- Keep records: photos, videos, witness details and the police report number.
- Respond to the adjuster's requests for information.
- Get repair estimates from the shop or contractor you choose.
- Receive the insurer's decision and payment.
How do I file a claim after a Texas car accident?
Report the crash to the insurer as soon as you can. Your policy may set its own reporting time, so read it. When you call, note the claim number and the adjuster's name. Keep photos and videos of damage, witness contact details, the police report number and receipts for related expenses.
How long does the insurer have to respond in Texas?
TDI describes these timelines for a claim with your own company:
| Step | Insurer deadline |
|---|---|
| Acknowledge your claim | 15 business days |
| Say whether it will pay, after receiving what it needs from you | 15 business days |
| Extra time, if the insurer explains why it needs it | Up to 45 more days |
| Pay after agreeing to pay all or part | 5 business days |
If the insurer denies the claim, it must give the reasons in writing. TDI can add 15 days to these deadlines after a weather-related catastrophe. These deadlines do not apply when another driver's insurer is paying your claim, though that insurer must still try to settle quickly and fairly.
Can I choose my own repair shop in Texas?
Yes. TDI says you can use any shop or contractor, not only the insurer's list. It suggests getting more than one estimate and comparing it with the insurer's estimate, then raising any differences with the insurer. If you use your own policy, the insurer subtracts your deductible from the payment, and you owe that amount to the shop.
How does shared fault affect a Texas claim?
The insurer may argue you share blame. Texas reduces compensation by your percentage of fault and, under the 51% rule, can bar recovery if you are more than 50% responsible. Read the Texas 51% rule explained before agreeing to any statement about who caused the crash.
What if the insurer is slow or denies the claim?
First, ask in writing for the reason and for any missing information. If that does not resolve it, TDI accepts insurance complaints; you can call 800-252-3439 or use the complaint link on its website. Our guide to who pays medical bills after a car accident may also help if bills are piling up.
Court deadlines are separate from insurer deadlines. If you are seriously hurt or fault is disputed, consider speaking with a Texas attorney soon. This site provides general information, not legal advice.
Frequently asked questions
How long does a Texas insurer have to acknowledge a car accident claim?
The Texas Department of Insurance says a company has 15 business days to say it received your claim. It must also begin reviewing it and request any information it needs. These deadlines apply to claims with your own insurer.
How fast must Texas insurance pay after agreeing to a claim?
TDI says the insurer must pay within 5 business days after agreeing to pay all or part of the claim. Before that, it has 15 business days after receiving what it needs to decide, which it can extend by 45 days with an explanation.
Do I have to use the insurance company's repair shop in Texas?
No. TDI says you may use any shop or contractor. Getting several estimates and comparing them with the insurer's estimate is recommended, and you can raise any differences with the insurer before repairs are completed.
Do the 15-business-day deadlines apply to the other driver's insurer?
No. TDI says the deadlines do not apply when another driver's insurer is paying your claim, but that insurer must still try to settle your claim promptly and fairly. Keep written records of every request and response.