Texas Car Accident Guides

Stop and check for injuries. Call police right away if anyone is hurt or a car can’t be driven. Texas law requires every driver to exchange their name, address, plate number, and insurance company — and show a driver license if asked. Take photos, get witness contacts, get checked by a doctor, and buy the police crash report (CR-3) from TxDOT once it’s filed, usually 7–14 days later.

An officer who investigates a Texas crash must write a report only if someone was hurt or killed, or damage to any one person’s property reached $1,000 (Transportation Code §550.062) — and police don’t investigate every minor crash. If no officer came, there may be no CR-3 to buy. You can still file an insurance claim with your own evidence: the other driver’s information, photos, witnesses, and repair estimates.

In Texas you generally have two years from the day of the crash to file a lawsuit for injuries or vehicle damage (Civil Practice and Remedies Code §16.003). For a death, it’s two years from the date of death. For a child under 18, the time before they turn 18 doesn’t count. If a government vehicle was involved, written notice is due within six months — or sooner if a city charter requires it.

A settlement is an agreement where the at-fault driver’s insurer pays you in exchange for a signed release ending your claim. It usually covers medical expenses actually paid or incurred, lost income, vehicle damage, and pain and other losses — reduced by any share of fault you carry, capped in practice by the at-fault driver’s policy limits (as low as $30,000 per person in Texas), and it must be resolved or a lawsuit filed within two years of the crash.

Yes. Texas is an at-fault state: the driver responsible for a crash is liable for the damage, usually through their liability insurance. When fault is shared, Texas uses a 51% bar — you can recover if you were 50% or less responsible, reduced by your percentage, but nothing from the other driver if you were more than 50% responsible (Civil Practice and Remedies Code §§33.001, 33.012).

Texas insurers must include PIP in every auto policy unless a named insured rejects it in writing (Insurance Code §1952.152). The minimum is $2,500 per person (§1952.153). It pays medical bills, lost income, and household services regardless of who caused the crash — even if you have health insurance — and the insurer must pay within 30 days after it receives satisfactory proof of the claim (§1952.156).

If the at-fault driver had no insurance — or not enough — your own uninsured/underinsured motorist (UM/UIM) coverage may pay for your injuries and vehicle damage. Texas insurers must include UM/UIM in every auto policy unless a named insured rejected it in writing (Insurance Code §1952.101). Your PIP pays medical bills and lost income regardless of fault, and collision coverage, if you carry it, pays for your car.

For a claim on your own policy, a Texas insurer generally must acknowledge it and start investigating within 15 days, accept or reject it within 15 business days after receiving everything it asked for (up to 45 more days if it explains why), and pay within 5 business days after accepting (Insurance Code §§542.055–542.057). PIP must be paid within 30 days of proof. These deadlines cover first-party claims — not a claim against the other driver’s insurer.

When another driver caused the crash, their liability insurance owes you for your vehicle damage, medical bills, lost income, and other losses. You can claim directly against their insurer — no deductible — or go through your own collision coverage, where you pay your deductible and your insurer can seek repayment from the at-fault driver. Texas law doesn’t prohibit a rate increase after a not-at-fault crash, so ask your insurer how it treats one.

Texas requires liability insurance of at least $30,000 per injured person, $60,000 per crash for injuries, and $25,000 for property damage — “30/60/25” (Transportation Code §601.072). That’s the most a minimum policy pays for the harm its driver causes, which can be less than a serious injury costs. Texas policies must also include PIP (at least $2,500) and uninsured/underinsured motorist coverage unless a named insured rejects them in writing.

In Texas you can ask the at-fault driver’s insurer for diminished value: the Texas Department of Insurance says a liability insurer may owe a third-party claimant for lost market value regardless of how complete the repairs are (Bulletin B-0027-00). Your own collision coverage generally doesn’t pay it once the car is fully repaired — the Texas Supreme Court held the standard policy doesn’t cover it (Schaefer, 2003). Your uninsured motorist coverage may.

When a car is totaled, the insurer pays its actual cash value right before the crash — not the price of a new car — minus your deductible if it’s your own collision claim. Texas treats a car as salvage when repair costs (not counting repainting or sales tax) exceed that actual cash value (Transportation Code §501.091). If another driver caused the crash, you can also claim loss of use — the Texas Supreme Court allowed it even for totaled vehicles (J&D Towing, 2016).

If another driver caused the crash, their liability insurer owes you for loss of use of your car — usually a reasonable rental for the reasonable time it takes to repair or replace it. The Texas Supreme Court confirmed loss-of-use damages are available even when a car is totaled (J&D Towing, 2016). While fault is still being decided, your own policy’s rental reimbursement coverage — if you bought it — can pay.

The at-fault driver is ultimately responsible for your medical bills, but their insurer usually pays as part of a settlement, not as bills arrive. Meanwhile, your own PIP pays medical bills regardless of fault — at least $2,500 unless you rejected it in writing — your health insurance pays as it normally would, and underinsured motorist coverage can step in if the at-fault driver didn’t carry enough.

Pain that appears hours or days after a crash is common — the stress of a crash can mask symptoms at first. Get evaluated by a medical provider as soon as symptoms appear, and call 911 for severe or worsening symptoms. For your claim, a prompt medical record that mentions the crash is what connects the injury to it. In Texas, PIP pays crash-related medical expenses incurred within three years, regardless of fault.

Call police right away and report it, then use your own coverage. PIP pays medical bills and lost income regardless of fault, and uninsured motorist (UM) coverage can pay for injuries and damage caused by an unknown driver — as long as their vehicle actually made contact with you or your car (Insurance Code §1952.104). If you were hurt, Texas Crime Victims’ Compensation can also help with medical bills and lost wages.

It depends on the driver’s app status. Texas requires at least $50,000 per person, $100,000 per incident, and $25,000 for property while the driver is logged in and waiting for a request (Insurance Code §1954.052), and $1 million in total coverage from the moment the driver accepts a ride until the last rider gets out — plus uninsured motorist and PIP coverage (§§1954.001, 1954.053). With the app off, the driver’s personal policy applies.

Truck claims differ from car claims in three ways: more insurance — federal rules require interstate for-hire carriers of general freight to carry at least $750,000, and $1 million to $5 million for oil and hazardous materials (49 C.F.R. §387.9); more possible responsible parties — the driver, the trucking company, and sometimes others; and evidence the company controls, such as electronic driving logs and maintenance records. Texas’s two-year lawsuit deadline still applies.