Filing an auto insurance claim in Texas is straightforward, but small choices early in the process can save or cost you thousands of dollars. This guide walks through every step, in order, with the specific Texas Department of Insurance rules that apply at each stage.
Before you file: what to capture at the scene
- Check for injuries and call 911 if anyone is hurt
- Move drivable vehicles out of traffic if it is safe to do so
- Photograph every vehicle, all license plates, the wider scene, and any visible injuries
- Exchange names, phone numbers, carrier names, and policy numbers
- Get the police report number – Texas requires a report for any crash involving injury, death, or roughly $1,000 or more in damage
Everything above becomes the factual backbone of the claim. Photographs taken at the scene settle more El Paso liability disputes than anything an adjuster records afterward.
Step 1: Report the claim promptly
Texas policies require notice 'as soon as practicable.' For practical purposes, call your insurer the same day as the crash, or within 24 hours if injuries took you to the hospital. Late notice can void coverage entirely.
Step 2: Provide the basics
- Policy number
- Date, time, and exact location of the crash
- Police report number and responding agency
- Names, contact info, and insurance details of every other party
- Names and contact info for witnesses
- A factual summary – not a fault assessment
Step 3: Get a claim number
Write it down. Every communication going forward will reference this number. Texas insurers must acknowledge receipt of a claim within 15 days under Insurance Code §542.055.
Step 4: Adjuster contact
An adjuster will reach out, typically within 1–3 business days. They may ask for a recorded statement. You are not required to give one to the other driver's insurer; you are required to cooperate with your own.
Step 5: Vehicle inspection
Your insurer will arrange an inspection, either at a partnered body shop, a drive-in center, or via mobile adjuster. You can choose your own body shop in Texas – insurers cannot require you to use their preferred network.
Step 6: Repair authorization
Once an estimate is written, repairs can begin. Texas law requires insurers to make a coverage decision within 15 business days of receiving all required information under §542.056.
Step 7: Payment
Payment is issued within 5 business days of acceptance under §542.057. Checks may be sent to you, the body shop, or jointly with your lender if there's a loan.
Step 8: Total loss handling
If repairs exceed roughly 75% of actual cash value, the vehicle is declared a total loss. You'll receive ACV minus your deductible. You can dispute valuations – see our total-loss guide.
Step 9: Final closing
Once repairs are complete and payments are issued, the claim closes. Keep all documentation for at least three years in case of follow-up disputes or subrogation.
Subrogation and your deductible
If the other driver caused the crash, your insurer can pursue their carrier for reimbursement. When subrogation succeeds you get your deductible back, in whole or pro-rated to the share of fault assigned. Ask for the subrogation status before you close the file.
How an independent agent helps
We file the claim with you on the line, push the adjuster on timelines, and review every estimate before you sign. For our clients, the claim process is a phone call, not a project.
Frequently asked questions
How soon do I have to file a claim in Texas?
'As soon as practicable' – generally within 24 hours. Two-year statute of limitations applies to lawsuits, but insurer notice should be immediate.
How long does an insurer have to decide on my claim?
15 business days from receipt of all required information, under Texas Insurance Code §542.056.
How long until I get paid?
5 business days after acceptance, under §542.057.
Can the insurer make me use a specific body shop?
No. Texas law gives you the right to choose your own shop.
What if my claim is denied?
Request the denial in writing with the specific policy language relied on. You can appeal internally, file a TDI complaint, or sue.
More in Claims Resource Center
This guide is part of our Claims Resource Center hub – see every related guide, or start from the El Paso auto insurance overview.
This article is for general information only and is not legal or tax advice. For guidance specific to your situation, talk to a licensed Texas insurance agent. Ready to put it into practice? Get a free quote or request a policy review.
