Reviewed and approved by Samuel Corso, licensed Texas insurance agent.

Published August 1, 2026 · Updated October 1, 2026

How a car insurance claim works in Texas

After a wreck, it helps to know what happens next with your car insurance claim. This guide walks through the claim process in Texas using the Texas Department of Insurance (TDI) consumer pages, from the accident scene to the payment.

The short version. TDI's claim steps page (updated 4/16/2025) gives your own company in Texas 15 business days to acknowledge your car insurance claim, 15 business days after getting what it needs to decide, and five business days to pay after agreeing. Under the decision step, it allows a 45-day extension with a reason and a 15-day TDI extension of these deadlines in a weather-related catastrophe; none apply when another driver's insurance pays.

Here's what we'll cover: what TDI says to do at the scene and afterward, the deadlines TDI describes for your own company, what TDI says about claims against another driver's insurance, uninsured drivers, repairs, total losses, and what a claim can do to your premium.

At the scene: what TDI says to collect

At the scene of a car accident in Texas, TDI's tip sheet Were you in a wreck? Tips for auto insurance claims says to move out of the road if no one was injured, and to call the police if someone was injured or the other driver drove away. The same page says to get a copy of the police report for your insurance company.

One point about hit-and-run accidents comes from a different TDI page. TDI's Auto insurance guide says to call the police if you were hit by a driver who left the scene, and adds: "Your uninsured motorist coverage won't pay for a hit-and-run accident if you didn't report it to police."

TDI's wreck tip sheet lists the information to get for your claim. The four items below are that list:

• The other driver's details. Take a picture of their insurance card and driver's license. If they don't have an insurance card, the tip sheet says to ask for their name, phone number, insurance company name, and policy number, and to give the other driver your information.
• Pictures. Get pictures of the other cars involved, including license plates and damages, and pictures of street signs and road angles.
• Witnesses. Ask for names and phone numbers.
• Details. Write down the location, the time of the wreck, the weather conditions, and what happened.

The wreck tip sheet also says that if you can't drive your car, the police will call a tow truck driver, and that you can tell them to take the car to a storage lot or body shop of your choice.

The common thread is a record made while the details are fresh. Photos and names collected at the scene are the same things an insurance company may ask for later.

After you get home

Once you are home after a car accident, TDI's wreck tip sheet lists three things to do. They are calling your insurance company to report the accident, getting the name and phone number of the adjuster assigned to your claim, and keeping medical records and bills if you went to a doctor.

TDI's Auto insurance guide says to tell your company about the accident as soon as possible, and says most companies have deadlines for filing claims. The guide does not give those deadlines, so you can ask your company how long you have.

TDI's page on dealing with the other driver's insurance says that when you file a claim with the other driver's car insurance, you should let your own insurance company know. TDI's auto insurance FAQ (last updated 2/26/2026) says that under a law passed in 2021, companies can't renew your policy if you don't cooperate when they reach out to you for information after an accident. The FAQ says this is true even if the other driver reports the claim to your insurance company.

Put together, these pages describe reporting the accident to your own company promptly and answering its questions, whichever company ends up paying.

What TDI says about claim deadlines for your own insurer

TDI describes a set of deadlines that apply to your own insurance company after you file a claim in Texas. TDI's Auto insurance guide (last updated 12/11/2025) says Texas law sets deadlines for insurance companies to act after you file a claim.

TDI's Steps to getting your home or car insurance claim paid (last updated 4/16/2025) sets them out step by step:

A note under the decision step on that page reads: "TDI can extend these deadlines by 15 more days if there is a weather-related catastrophe." The page does not say which events count.

The two TDI pages word the first deadline differently. The claim steps page says 15 business days. The Auto insurance guide lists it as: "Tell you it got your claim within 15 days of getting notice." If you are counting days, you can ask your company which date it is working from.

These deadlines are described for your own company only. The claim steps page says: "The deadlines on this page don't apply if another driver's insurance is paying the claim." It adds that the other company must try to settle your claim quickly and fairly. The Auto insurance guide says the same about the prompt payment deadlines, and says the other driver's company must act in good faith.

In practice, the second deadline starts only once the company has what it needs from you. Keeping a dated list of what you sent, and when, gives you something concrete to refer to if you call about the status of the claim.

If another driver may have caused the accident, what does TDI say?

When you think another driver caused a car accident in Texas, TDI's wreck tip sheet says you can report the wreck to the other driver's insurance company. TDI's page on dealing with the other driver's insurance says that company should pay for your car repairs, medical bills, and a rental car, and then says there is no guarantee it will pay.

That page lists what the other driver's insurance company might do:

• Say its driver wasn't at fault and refuse to pay you.
• Say both drivers were at fault and want you to pay some of your costs.
• Say its driver doesn't have enough insurance to pay all your costs.
• Not return your calls or emails.
• Take a while to contact you while it waits to hear from its policyholder, who might never respond.

The same page explains that you don't have a contract with the other driver's insurance, so you don't have the same options you would with your own company. If the other insurance company says it won't pay, the page says to ask for its reason in detail and in writing.

TDI then describes your own policy as the next option. TDI's Auto insurance guide says that if you believe the other driver was at fault but that driver's insurance company won't pay, you can file a claim with your own insurance company. The guide says you must have collision coverage to do this and that you'll have to pay a deductible. It also says your company will probably try to collect from the other driver's company.

On getting the deductible back, the TDI pages hedge. The page on dealing with the other driver's insurance says that if your company gets anything back, you might get your deductible reimbursed. TDI's auto insurance FAQ says that if the other company agrees to pay, you'll probably get back the amount of your deductible.

The practical difference is the relationship. With your own company you have a policy that spells out what it covers. With the other driver's company, as TDI's page notes, you have no contract.

When they had no insurance, too little, or drove away

Uninsured/underinsured motorist coverage is the part of a Texas car insurance policy TDI describes for an at-fault driver who has no insurance, has too little, or drove away. TDI's page on dealing with the other driver's insurance says that if you have this coverage, it will pay if the at-fault driver didn't have insurance or enough insurance to pay your car repairs. The page says it also pays for hit-and-run accidents if the other driver drove away and you didn't get their insurance information.

That statement comes with the police-report condition from TDI's Auto insurance guide, which says uninsured motorist coverage won't pay for a hit-and-run accident if you didn't report it to police.

The guide also covers a driver whose limits are too low. If the other driver's policy limits aren't high enough to pay for all your car repairs, the guide says your collision or uninsured/underinsured motorist coverage should pay the difference and that you'll have to pay a deductible. For medical bills, the guide says your auto insurance company will use your personal injury protection (PIP) coverage, medical payments coverage, or uninsured/underinsured motorist coverage to pay the difference, and that you might have to pay a deductible.

TDI's guide says insurance companies must offer you uninsured/underinsured motorist coverage, and that if you don't want it, you must tell the company in writing. TDI's wreck tip sheet says the deductible on this coverage is usually lower than your collision deductible.

Whether you have this coverage is on your declarations page. The guide describes that page as the first page of your policy, with a summary of your coverages, dollar limits, and deductibles.

Getting the car repaired

For car repairs after a claim in Texas, TDI's pages cover who picks the shop, how the estimate works, and what the company pays for. The points below come from three TDI pages, named in each item.

• Choice of shop. TDI's wreck tip sheet says your insurance company might give you a list of body shops, but you can take your car to any shop you choose. TDI's Auto insurance guide says some companies might give you a list of preferred repair shops but can't require you to use a shop on the list.
• Estimates. Your insurance company will give you a repair estimate, according to the wreck tip sheet. If the repair costs more, it says the body shop will give your insurance company a new estimate, and your company will pay for the extra repairs if it agrees with the estimate.
• Actual cash value. The Auto insurance guide says insurance companies will pay for repairs or replacement of your car only up to its actual cash value, and defines the term: "Actual cash value is the cost to replace your car, minus depreciation."
• Parts. On parts, the Auto insurance guide says the insurance company is only required to pay for parts of like kind and quality to those that were damaged, and doesn't have to pay for original parts from the manufacturer.
• Deductible. If you used your own insurance, the company will subtract your deductible from your payment and you will owe that deductible to the contractor or body shop, according to TDI's claim steps page.

The claim steps page also suggests getting estimates from more than one body shop and talking to your insurance company about any differences, or about other damage the shop found that the adjuster didn't. A second estimate gives you a figure to set beside the company's own.

If they total your car

When an insurance company totals a car in Texas, it pays the car's value instead of paying to fix it, as TDI's auto insurance FAQ explains. The FAQ says that if the cost to repair your car is close to or more than its current value, the company will probably decide to total it. TDI's My car was totaled! Now what? says the company will likely consider the car totaled if the repair cost is about the same or more than its value, and that some companies might total a car even if the cost to fix it is lower.

TDI's Auto insurance guide says a company that totals your car will pay your car's value minus depreciation. Its example is a 10-year-old car, for which the guide says the company will pay the value of a 10-year-old used car and won't pay to replace it with a new car of the same make and model.

TDI's totaled-car page says that if you think your car is worth more than the insurance company decided, you can try to negotiate, and to be prepared to show what the car would sell for in your area. Its suggestions are quotes from used car dealers, online prices and local ads for similar vehicles, and a record of any special features or custom parts. The page also says you can ask the insurance company what source it used to decide your car's value.

Two more points from TDI:

• Keeping the car. The totaled-car page says that if you want to keep your car, you should let the insurance company know as soon as possible, and that the company will subtract the car's salvage value from the amount it was planning to pay you. It says the car may be issued a salvage title, that after repairs you'll need a new title from the Texas Department of Motor Vehicles before you can drive it, and that a vehicle that had a salvage title could be harder to sell or insure in the future.
• A loan balance. The Auto insurance guide says that if you still owe money on your car, the amount the company pays if it totals the car might not be enough to pay off your loan. TDI's gap insurance page says gap insurance covers the difference between what you owe on your car and what it's worth. It also says gap products from a car dealer or bank might not be insurance, and that TDI can't help if you have a problem with those.

The gap insurance page says that if your car is totaled, your auto insurance will pay what the car is currently worth, not what you originally paid or how much you still owe. If you have a loan, comparing the car's current value with your balance shows whether you owe more than the car is worth.

Will filing raise your premium?

Filing a car insurance claim in Texas can raise your premium, according to TDI. TDI's Will my premium go up if I file a claim? (last updated 2/26/2026) says it depends on the type of claim and how many you file, that home and auto premiums can go up if you file claims, and that you could lose any discounts you're getting for being claim free.

The same page says home and auto companies can't charge you more for two things:

• Claims you file that the company didn't pay, including claims the company denied because your policy doesn't cover the damage.
• Calling your company or agent to ask questions about your policy or the claims filing process.

On losing a policy after a wreck, TDI's auto insurance FAQ (last updated 2/26/2026) says companies probably won't drop you after the first wreck, but that you might be charged more if you get in a lot of accidents or get a lot of tickets. For a claim from hitting an animal, the FAQ says state law doesn't allow your company to drop you for filing it, but that the company could raise your rate when you renew.

How long does an accident follow you? The TDI pages used for this guide don't give a fixed number of years, and neither will we. The premium page explains how companies see your history. It says most insurance companies get a report from the Comprehensive Loss Underwriting Exchange (CLUE), so they can learn about home or auto claims you've filed even if the claim was with another company. It also says you can get a free copy of your report each year by calling 866-312-8076.

What about your credit score? TDI's Auto insurance guide says some companies use your credit score to decide what to charge you. The guide also lists, among the things an insurance company may not do, turning you down or charging you more only because of your credit score. Our separate guide looks at the quoting side: does getting home insurance quotes affect your credit score.

TDI's premium page gives no figure for how much a premium can change after a claim, so this guide gives none either. Your CLUE report shows what an insurance company would see about your own history.

What to do with this

These are steps you can take after a car accident in Texas, drawn from the TDI pages above. Each one points to the TDI page behind it.

• Report the accident to your own company. TDI's wreck tip sheet lists calling your insurance company to report the accident, and TDI's auto insurance FAQ says companies can't renew your policy if you don't cooperate when they reach out for information after an accident.
• Get the police report. The wreck tip sheet says to get a copy of the police report for your insurance company, and the Auto insurance guide says uninsured motorist coverage won't pay for a hit-and-run accident if you didn't report it to police.
• Check your declarations page for collision and uninsured/underinsured motorist coverage. The Auto insurance guide says you must have collision coverage to file with your own company when the other driver's insurance company won't pay.
• Note the dates. Write down when you filed and when you sent what the company asked for, since the deadlines on TDI's claim steps page are counted in business days, can be extended, and don't apply if another driver's insurance is paying.
• Ask for the reason in writing. TDI's page on dealing with the other driver's insurance says to ask for the reason in detail and in writing if that company says it won't pay.
• Gather evidence of value if the car is totaled. TDI's totaled-car page suggests quotes from used car dealers and prices for similar vehicles if you think your car is worth more than the company decided.

Key facts

• TDI's Steps to getting your home or car insurance claim paid (last updated 4/16/2025) gives your own company 15 business days to say it got your claim, 15 business days after getting what it needs from you to say whether it will pay, and five business days to pay after it agrees. The decision deadline can be extended by 45 days if the company tells you why, and a note under that step says TDI can extend these deadlines by 15 more days if there is a weather-related catastrophe.
• The same claim steps page says those deadlines don't apply if another driver's insurance is paying the claim, though that company must try to settle the claim quickly and fairly.
• TDI's Auto insurance guide says you must have collision coverage to file with your own company when the other driver's insurance company won't pay, and that you'll have to pay a deductible.
• Uninsured motorist coverage won't pay for a hit-and-run accident if you didn't report it to police, according to TDI's Auto insurance guide.
• Your insurance company might give you a list of body shops, but TDI's wreck tip sheet says you can take your car to any shop you choose.
• Insurance companies pay for repairs or replacement only up to the car's actual cash value, per TDI's Auto insurance guide, which defines it as the cost to replace your car minus depreciation.
• A company will probably decide to total a car if the cost to repair it is close to or more than its current value, according to TDI's auto insurance FAQ.
• TDI's Will my premium go up if I file a claim? says premiums can go up if you file claims, depending on the type of claim and how many you file, and that companies can't charge you more for claims the company didn't pay or for calling to ask questions about your policy or the claims filing process.

Sources: Texas Department of Insurance, Auto insurance guide, Steps to getting your home or car insurance claim paid, Were you in a wreck? Tips for auto insurance claims, Accident not your fault? Here's how to deal with the other driver's insurance, Will my premium go up if I file a claim?, My car was totaled! Now what?, Do you need gap insurance for your car?, and FAQ: Auto insurance, claims, coverage issues, and more. This page is general information, not legal advice; coverage and claim handling are subject to the terms of your own policy.

Take the next step

The coverages that come up in a car insurance claim, such as collision, uninsured/underinsured motorist coverage and your deductibles, are part of the policy you already have. Reading your declarations page now tells you which of them you have.

If you are comparing policies, how to compare auto insurance in Texas walks through the checks that make two quotes comparable, and what car insurance is required in Texas covers the required coverage. For a claim on your home, see how to file a hail or storm damage claim in Texas.

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