How is a claim against the other driver's insurance different in Texas?
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TL;DR
The Texas Department of Insurance (TDI) says a policyholder has no contract with the other driver's insurance, so does not have the same options as with their own company.1 TDI also says a policyholder does not have to pay a deductible for claims against another driver's insurance company.2
How is a claim against the other driver’s insurance different in Texas?
The Texas Department of Insurance (TDI) describes how a claim against another driver’s insurance company works in Texas after a crash. TDI says a policyholder does not have to pay a deductible for claims against another driver’s insurance company.2 TDI says that if the policyholder’s own insurer gets money back from the other driver’s insurance, the policyholder might get the deductible reimbursed.1 TDI says the prompt payment law does not apply if another driver’s insurance company is paying the claim.2 TDI explains the difference from a claim with the policyholder’s own company this way:
You don’t have a contract with the other driver’s insurance, so you don’t have the same options you would with your own company.
What does TDI say if the other driver’s insurer will not pay in Texas?
TDI says that if a policyholder believes the other driver was at fault but the other driver’s insurance company will not pay the claim, the policyholder can file a claim with their own insurance company.2
What does TDI say about a claim against the other driver’s insurer?
| Topic | What TDI says |
|---|---|
| Contract | The policyholder has no contract with the other driver’s insurance.1 |
| Deductible | The policyholder does not have to pay a deductible for claims against another driver’s insurance company.2 |
| Prompt payment law | It does not apply if another driver’s insurance company is paying the claim.2 |
What the sources do not state
The sources used here do not state how fault is decided or how long the other driver’s insurer has to respond.
Next step
TDI explains this on its page about dealing with the other driver’s insurance. The filing lookup tool is where to look up filing details for a situation.
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Receipts
- 1
Texas Department of Insurance
Accident not your fault? Here's how to deal with the other driver's insurance.
Open sourceSee the data - 2
Texas Department of Insurance
Automobile insurance guide (TDI consumer publication)
Open sourceSee the data