Car insurance claims in Texas
Fault rules, deadlines, insurer response times, minimum coverage and the regulator for car insurance claims in Texas, with every rule cited to its source.
Verified as of September 10, 2026
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Modified comparative (51% bar) Proportionate responsibility: you recover nothing if your share of responsibility is greater than 50 %; otherwise your damages are reduced by your percentage (CPRC §§ 33.001, 33.012). |
| Deadline to sue for vehicle damage | 2 years from the accident [1] |
| Deadline to sue for injury | 2 years from the accident [1] For a death, the two years run from the date of death. |
| Insurer response deadlines — Acknowledge the claim | 15 days from the claim [3] Calendar days from notice of the claim, to acknowledge, start investigating and request the documents it needs (30 business days for surplus-lines insurers). |
| Insurer response deadlines — Accept or deny | 15 days from the claim [3] Business days after the insurer receives every item it required for final proof of loss; it may extend once by 45 days with written reasons. |
| Insurer response deadlines — Pay | 5 days from the claim [3] Business days after it notifies you that it will pay. |
| Minimum liability coverage | Bodily injury, per person $30,000 · Bodily injury, per accident $60,000 · Property damage $25,000 [2] In force since 1 January 2011. |
| Diminished value recoverable | Not yet verified |
| Uninsured / underinsured motorist cover | Optional |
| Regulator | Texas Department of Insurance |
- Texas Civil Practice and Remedies Code § 16.003, § 16.003(a)–(b) — verified as of 2026-09-11
- Texas Transportation Code § 601.072, § 601.072(a-1) — verified as of 2026-09-11
- Texas Insurance Code §§ 542.055–542.058 (Prompt Payment of Claims), §§ 542.055(a), 542.056(a), 542.057(a), 542.058(a) — verified as of 2026-09-11
- Texas Civil Practice and Remedies Code §§ 33.001, 33.012, § 33.001; § 33.012(a) — verified as of 2026-09-11
- Texas Insurance Code § 1952.101, § 1952.101(b)–(c) — verified as of 2026-09-11
Texas is an at-fault state with a hard edge: under the proportionate-responsibility rules a claimant recovers nothing if their share of responsibility is found to be greater than 50 %, and otherwise recovers their damages reduced by their own percentage (Civil Practice and Remedies Code §§ 33.001 and 33.012). A driver found 40 % responsible for a crash recovers 60 % of the loss; a driver found 51 % responsible recovers nothing. That single threshold is what most disputed Texas claims are really about.
The deadline to sue is two years from the day the cause of action accrues, for personal injury and for damage to property alike; for a death the two years run from the date of death (§ 16.003). Notice to your own insurer is a separate, much shorter obligation under the policy.
Insurers work to a statutory clock. Within 15 days of notice of a claim they must acknowledge it, begin investigating and ask for the documents they need; within 15 business days of receiving everything they asked for they must accept or reject the claim in writing; and within five business days of saying they will pay, they must pay (Insurance Code §§ 542.055–542.057). Payment delayed beyond 60 days after the insurer has what it needs exposes it to statutory interest and attorney’s fees (§ 542.058).
Every policy must carry at least $30,000 per person and $60,000 per accident for bodily injury and $25,000 for property damage, amounts in force since 2011 (Transportation Code § 601.072). Uninsured and underinsured motorist coverage must be included in every auto liability policy unless a named insured rejects it in writing (Insurance Code § 1952.101), so a policy without it is one where somebody signed a rejection.
File a complaint: Texas Department of Insurance →
Frequently asked questions
How long do I have to sue for injuries after a car accident in Texas?
2 years from the accident (Texas Civil Practice and Remedies Code § 16.003 — For a death, the two years run from the date of death.).
Is Texas an at-fault or no-fault jurisdiction?
At-fault (tort). Shared-fault rule: Modified comparative (51% bar).
Who do I complain to about an insurer in Texas?
Texas Department of Insurance (https://www.tdi.texas.gov/consumer/get-help-with-an-insurance-complaint.html).
This guide explains how car insurance claims generally work. It is not legal advice, does not create a lawyer–client relationship, and is not a statement of any insurer's or regulator's position. Rules change and differ by jurisdiction; check the cited instrument and, where money or injury is at stake, consult a licensed professional in your jurisdiction.