Insurance

Insurance claim basics

Insurance can feel confusing, especially right after a crash. This page explains the basics in plain words. Your own policy is the final word on what you have, so keep a copy handy as you read.

Start your claim soon #

• Tell your own insurance company about the crash, even if you think the other driver caused it. You can usually call, file online or use the company's app. Your policy may set a deadline for telling them, so don't wait.
• If the other driver caused the crash, you can also file a claim with their insurance company. This is called a third-party claim.
• Write down your claim number and the name, phone number and email of the adjuster assigned to you.
• Send the crash report when you have it. See How to get your crash report.

Who pays for what #

In Texas, the driver who caused a crash is generally responsible for the damage. That driver's liability insurance generally pays others, up to the policy limits. If more than one driver was at fault, the costs may be split between them. Fault rules can be complex, so if fault is disputed, talk to a lawyer about your situation.

Texas requires drivers to carry at least:

This is often called "30/60/25" coverage. If the damage is more than the at-fault driver's limits, their policy may not cover all of it.

If the other driver was at fault, the Texas Department of Insurance (TDI) says their insurance company should pay for your car repairs, your medical bills and a rental car. But they may not pay right away, or at all. They might say their driver wasn't at fault, say both drivers share the blame, or stop answering. If they refuse to pay, ask them to explain why, in writing.

If they won't pay, or pay too little, you may be able to use your own coverage, such as collision or uninsured/underinsured motorist coverage, if your policy has it. Your insurer may then try to get the money back from the other company. If it does, you may get your deductible back.

Coverage on your own policy #

Check your policy for these:

• Collision: pays to repair or replace your car after a crash, minus your deductible.
• Personal injury protection (PIP): pays medical bills and some lost income for you, people in your household, and passengers in your car, no matter who caused the crash. Every Texas auto policy includes PIP unless you turned it down in writing. The basic amount Texas law requires is $2,500 per person. Many people have more.
• Medical payments: pays medical bills for you and your passengers. It may also cover you when you ride in someone else's car, walk or bike.
• Uninsured/underinsured motorist (UM/UIM): pays when the at-fault driver had no insurance or not enough. It can also apply to a hit-and-run. Texas policies include it unless you turned it down in writing. For a hit-and-run with an unknown driver, the other car must have actually hit you or your car. TDI says this coverage won't pay for a hit-and-run you didn't report to police.
• Rental reimbursement: pays a set amount per day for a rental while your car is being repaired for covered damage, up to a limit.
• Towing and labor: pays to tow your car if it can't be driven.
• Comprehensive: covers damage that isn't from a crash, such as theft, fire, flood or vandalism.

Not sure what you have? Call your agent or insurance company and ask them to walk you through it.

Working with an adjuster #

An adjuster looks at the damage and estimates what the insurance company will pay. Remember, the adjuster works for the insurance company. TDI suggests that you:

• try to be there when the adjuster looks at your car
• ask when you should expect an offer
• get the adjuster's contact information and the best time to call
• call the insurance company if you can't reach the adjuster
• ask for a different adjuster if you just can't work things out
• tell the company why, in writing, if you disagree with an estimate, and send proof such as a shop's estimate

Before you sign anything, read it all the way through. A release or settlement usually ends your claim for good. Some medical release forms are very broad. Ask what records it covers before you sign. If you were hurt, or if a lot of money is involved, this is a good time to talk with a lawyer. See How to find and check a lawyer.

Deadlines your own insurer must meet #

Texas law sets deadlines for claims with your own insurance company. In general:

These deadlines do not apply to a claim with the other driver's insurance company. TDI says that company still has to try to settle claims quickly and fairly.

Repairs #

You choose the repair shop. An insurance company may give you a list of shops it likes, but under Texas law it can't make you use a shop on that list. For tips on estimates, parts and shop problems, see Towing and repairs.

Rental cars #

• If the other driver was at fault, TDI says their insurer should pay for a rental while your car is being fixed. The rental time is usually based on how many hours of labor the repair should take. If the shop is waiting on parts or finds more damage, tell the adjuster. They may extend the rental.
• If you use your own rental coverage, it pays a set amount per day, up to your policy's limit.

If your car is "totaled" #

If repairs would cost about as much as your car is worth, or more, the insurer will likely call it a total loss. Some insurers total cars even when repairs would cost less.

• Ask how they figured your car's value, and what source they used.
• If the offer seems low, gather proof of what similar cars sell for near you, such as dealer quotes, online prices and local ads. Note any special features or custom parts.
• If you want to keep the car, tell the insurer as soon as possible. They will subtract its salvage value from the payment. The car may get a salvage title, and it may be harder to sell or insure later.
• If you owe more on the car than it's worth, check whether you have gap insurance.

Loss in value after repairs #

A repaired car can be worth less than it was before the crash. This is called "diminished value." TDI has said your own policy generally doesn't pay for this when your car is fully repaired. But the other driver's insurer may have to pay it on a claim against their driver. Uninsured motorist coverage may also cover it. Check your policy and ask the adjuster. If a lot of money is involved, talk to a lawyer about your situation.

What to keep #

Keep one folder, paper or digital, with:

Getting help #

• Texas Department of Insurance Help Line: 800-252-3439, 8 a.m. to 5 p.m. Central time, Monday through Friday.
• File a complaint with TDI on its online auto insurance complaint page. TDI can help with complaints about the insurance companies, agents and adjusters it regulates. It can't decide who was at fault. It generally can't help with complaints against the other driver's insurance company, and it doesn't handle body shop complaints.
• Talk to a lawyer if you were hurt, if the insurer denies your claim, or if you are not sure what to do. See How to find and check a lawyer.

This page is general information, not legal advice. It is not a substitute for the advice of an attorney. Your policy controls what is covered. Last checked October 2026. See our disclaimer.

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