Texas car accident claims: deadlines, fault rules and insurance, explained
Home › Guides › Insurance & Claims
Texas Accident Resource
How a Texas claim is filed, investigated, valued, paid or denied, what PIP and uninsured motorist coverage really do, and the deadlines your own insurer is bound by.
The short answer
Texas is an at-fault state, so the other driver’s liability insurer pays if they caused the crash. Your own policy still matters enormously: PIP and uninsured/underinsured motorist coverage must both be offered to you and are included unless you rejected them in writing.
In this guide
PIP
An insurer may not issue a Texas auto policy without providing personal injury protection. It pays regardless of fault, and it is the fastest money in most claims.
Medical expenses and, typically, a portion of lost income, for you and occupants of your vehicle, regardless of who caused the crash.
An insurer need not offer more than $2,500 per person as the mandatory coverage, though higher limits can be bought.
You can decline PIP, but only in writing — and that written rejection carries forward to renewals and reinstatements.
Many people who believe they have no PIP simply never rejected it. The declarations page settles it in seconds.
Tex. Ins. Code § 1952.152, § 1952.153.
UM and UIM
Uninsured and underinsured motorist coverage must also be offered, at least at the statutory liability limits, and again applies unless rejected in writing.
Uninsured motorist responds when the at-fault driver has no insurance or is never identified — which is why it is usually the only route to recovery in a hit and run.
Underinsured motorist pays the difference: your damages, reduced by what is recovered or recoverable from the at-fault driver’s insurer. Given that the Texas minimum is $30,000 per injured person, UIM is frequently the only meaningful coverage in a serious injury claim.
Tex. Ins. Code § 1952.101, § 1952.106.
Insurer deadlines
The Texas Prompt Payment of Claims Act sets hard timelines — but only for first-party claims, meaning claims on your own policy such as PIP or UM/UIM. It does not govern a liability claim against the other driver’s insurer.
| Step | Deadline |
|---|---|
| Acknowledge the claim, begin investigating, request what it needs | 15th day after notice of claim |
| Accept or reject the claim in writing | 15th business day after receiving all requested items |
| Extension, with written reasons | Up to 45 additional days |
| Pay an accepted claim | 5th business day after notice of acceptance |
| Penalty if delayed beyond 60 days | 18% per year on the claim amount, plus reasonable attorney’s fees |
Tex. Ins. Code §§ 542.055–542.060; scope defined at § 542.051(2).
How a claim moves
Notify your own insurer promptly — usually a policy condition — and open the liability claim with the at-fault driver’s insurer. Get a claim number for each.
The adjuster obtains the CR-3, statements and photographs, and forms a view on fault. This is where the fault percentage starts to be built.
The claim is not ready to value until treatment reaches a stable point, because until then the future medical picture is unknown.
Records, bills, wage loss and the narrative are assembled and a demand is made against the available limits.
Settlement or, where the deadline is close or the offer is inadequate, filing suit within the two-year limitation period.
Common denial reasons
If your share is pushed above 50%, the claim is barred outright. Below that, every point costs you a percentage of the recovery.
A delay before the first appointment, or gaps afterwards, is read as evidence that the injury was minor or unrelated.
Imaging findings attributed to degeneration rather than the crash. A documented baseline before the crash is the answer.
Not a denial so much as a ceiling. When the at-fault policy is exhausted, UIM on your own policy is the next question.
Most policies require prompt notice. Delay can jeopardise first-party coverage independently of the underlying claim.
Common questions
Probably, unless you rejected it in writing. Texas insurers must provide personal injury protection unless the named insured declines it in writing, and that rejection carries forward to renewals. Check your declarations page.
Uninsured motorist responds when the at-fault driver has no coverage or is never identified. Underinsured motorist responds when they have coverage but not enough, and pays your damages reduced by what is recovered or recoverable from their insurer.
No. Chapter 542, Subchapter B applies to first-party claims — claims you make on your own policy. A third-party liability claim against the other driver’s insurer is not governed by those deadlines.
Recovery from that policy is capped at its limits. Underinsured motorist coverage on your own policy is designed for exactly that gap, which is why the written-rejection rule matters so much.
You are not required to give a recorded statement to another driver’s insurer, and whether to do so in a particular situation is a question for an attorney licensed in Texas. Anything you say about fault or symptoms becomes part of the file.
Sources
Every Texas rule stated here is taken from the primary source named below. The Texas statutes are published free by the Texas Legislative Council.
Keep reading
The first hour, the first week, and what Texas law requires at the scene.
Editorial information
Spotted something wrong or out of date? We correct errors and log the change. See our correction policy and about page.
Next steps
Read the Texas rules that apply, or see how a request for attorney review works. General information only, not legal advice.
Texas-specific information on crash deadlines, fault rules and insurance, with the statute cited on every page. Operated by National Claim Network. Not a law firm, insurer, or government agency.
This is attorney advertising. National Claim Network is a marketing and lead generation service that connects individuals with licensed attorneys. It is not a law firm, an insurance company, or a government agency, is not affiliated with or endorsed by the State of Texas, TxDOT, the Texas Department of Insurance or the State Bar of Texas, and it does not provide legal advice or legal representation. Nothing on this site creates an attorney-client relationship. Deadlines to file a legal claim vary by state and case type — in Texas the general personal-injury deadline is two years — do not delay in seeking legal advice.
No guarantee, warranty, or prediction of outcome is made. Past results do not guarantee similar results. If representation is offered on a contingency basis, clients may still be responsible for certain costs or expenses as required by the retaining law firm.
Dramatized scenes, symbols, figures, or testimonials are illustrative, not based on actual events, and may feature paid actors or spokespersons. Recoveries vary. “No fee” describes attorney fees; costs may apply. Phrases such as “best” are slogans, not rankings or awards.
Paid independent attorney advertising. National Claim Network connects users with licensed, independently practicing attorneys and law firms who may pay a fee to receive inquiries submitted through this site.
Privacy PolicyTerms of UseLegal DisclaimerCookies PolicyDisclosures
© 2026 National Claim Network. All rights reserved.