Car accident claims in Texas

At the scene: what Texas law requires

Transportation Code Chapter 550 requires drivers in a crash to stop, or return to the scene, and stay until they've exchanged information. You must give your name and address, your vehicle registration number, and the name of your liability insurer, and show your driver license if asked. If someone is hurt, you must give reasonable help, including arranging a ride to a doctor or hospital when treatment is clearly needed.

On a freeway in a metropolitan area, if every vehicle can be driven normally and safely, the law says to move to a frontage road, cross street, or other safe spot to exchange information.

If you hit an unattended vehicle, you must find the owner or leave a note giving your name and address, the name and address of your vehicle's owner, and what happened.

When to call police, and how to get the report

You must notify police right away, by the quickest means available, if the crash injures or kills someone or leaves a vehicle that can't be driven normally and safely (Section 550.026). Call the city police inside city limits, and the sheriff or the nearest DPS office outside them.

An officer who investigates must file a written report with the Texas Department of Transportation (TxDOT) within 10 days if anyone was injured or killed or one person's property damage appears to be $1,000 or more (Section 550.062). That is the Texas Peace Officer's Crash Report, form CR-3.

You can buy a copy through TxDOT's Crash Report Online Purchase System. People involved in the crash, vehicle owners, and insurers are among those entitled to it. TxDOT no longer keeps the Driver's Crash Report (CR-2) that drivers used to fill out themselves, so if police didn't investigate, keep your own copy of whatever form or notes you made.

• Photograph both cars, plates, the other driver's insurance card and license, signs, and the road.
• Get names and phone numbers of witnesses.
• Note the officer's name and badge number so you can follow up on the report.
• Call police for any hit-and-run. TDI says uninsured motorist coverage won't pay for one you didn't report.

Fault: the 51% bar

Texas uses proportionate responsibility. Under Civil Practice and Remedies Code Section 33.001, you can't recover damages if you're more than 50% responsible. If you're 50% or less at fault, your recovery is reduced by your percentage (Section 33.012). So if you're found 20% at fault for $10,000 in damage, you could recover $8,000.

Insurers apply the same idea in negotiations. TDI notes the other driver's insurer may say both drivers were at fault and ask you to absorb part of your costs. Witnesses, photos, and the crash report matter for exactly this reason.

Deadlines that apply to you and to insurers

The general deadline to sue for personal injury or property damage in Texas is two years from the day the claim accrues (Civil Practice and Remedies Code Section 16.003). Most claims settle without a lawsuit, but the deadline keeps running while you negotiate.

When you file with your own insurer, the Prompt Payment of Claims law (Insurance Code Chapter 542) gives it deadlines:

• Acknowledge the claim, start investigating, and request what it needs within 15 days of notice.
• Accept or reject in writing within 15 business days of getting everything it asked for, giving reasons for a rejection.
• If it needs more time, tell you why within that period, then decide within 45 days.
• Pay within 5 business days of telling you it will pay.

Claims against the other driver's insurer

TDI says the prompt payment law doesn't apply when another driver's insurer is paying, though that company must still act in good faith and try to settle fairly. You don't have a contract with it, so if it refuses, ask for the reason in detail and in writing. TDI says that if you file a complaint about another driver's insurer, the company must write back explaining why it denied or paid the claim the way it did.

Diminished value is one place Texas draws a clear line. TDI's position is that your own insurer generally doesn't owe diminished value on collision or comprehensive once your car is fully repaired. But the at-fault driver's insurer may owe you for lost market value in a liability claim, regardless of how complete the repair is, and your own uninsured/underinsured motorist coverage may also pay it.

Your own coverage while fault is sorted out

Personal injury protection (PIP) pays without regard to fault (Insurance Code Section 1952.155). It covers reasonable medical expenses, lost income, and certain household services for expenses incurred within three years of the crash. Your insurer must pay PIP benefits within 30 days of receiving satisfactory proof, and a policy can't give you less than six months after the crash to submit the original proof of loss.

If the other insurer won't pay, you can claim under your own collision coverage and pay your deductible. TDI says your insurer will usually try to recover from the other company, and you may get your deductible back. Uninsured/underinsured motorist coverage can pay if the at-fault driver had no insurance or too little, with a $250 property damage deductible.

You can choose your own repair shop. TDI says an insurer may suggest shops but can't require you to use one.

If you disagree with the amount

TDI lists three paths: ask for appraisal (for disputes about the amount with your own insurer only; each side hires an appraiser and an umpire decides), file a written complaint with TDI, or go to court. Justice Court handles claims under $20,000 without requiring a lawyer.

Before signing a release on an injury settlement, TDI suggests talking with your doctor about future treatment, because a release usually ends further claims for that crash.