After a crash in Texas: duties, claims and deadlines

At the scene, the Transportation Code says the operator of a vehicle in a collision that results or is reasonably likely to result in injury or death must immediately stop at or near the scene.¹ The operator must immediately notify the police or sheriff when the collision results in injury or death or damage to a vehicle so that it cannot be normally and safely driven.²

The Insurance Code says an insurer must acknowledge receipt of a claim and commence any investigation not later than 15 days³ after it receives notice of the claim, with a different period for eligible surplus lines insurers. It says an insurer that notifies a claimant it will pay must pay not later than 5 business days⁴ after the notice, except as otherwise provided. These rules cover a first-party claim paid directly to the insured or a named beneficiary.⁵

The Texas Department of Insurance (TDI) says some companies might total a car even if the cost to fix it is lower than its value.⁶

Where another driver is involved, TDI says a policyholder has no contract with the other driver’s insurance and so does not have the same options as with their own company.⁷