How long does a Texas insurer have to accept or reject a car accident claim?
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TL;DR
For first-party claims, the Texas Insurance Code says an insurer must acknowledge receipt of a claim and commence any investigation not later than 15 days1 after it receives notice of the claim, and a different period applies to eligible surplus lines insurers. It also says the insurer must notify the claimant in writing of the acceptance or rejection of a claim not later than 15 business days2 after it receives all items, statements and forms it requires to secure final proof of loss, subject to exceptions.
How long does a Texas insurer have to respond to a claim?
The Texas Insurance Code sets deadlines for an insurer’s response to a claim. It says an insurer must acknowledge receipt of a claim and commence any investigation of it not later than 15 days1 after it receives notice of the claim, and a different period applies to eligible surplus lines insurers. It says an insurer must notify a claimant in writing of the acceptance or rejection of a claim not later than 15 business days2 after it receives all items, statements and forms it requires to secure final proof of loss. That rule is subject to the exceptions the statute lists. The statute reads:
Except as provided by Subsection (b) or (d), an insurer shall notify a claimant in writing of the acceptance or rejection of a claim not later than the 15th business day after the date the insurer receives all items, statements, and forms required by the insurer to secure final proof of loss.
What must a Texas insurer tell the claimant when it rejects a claim or needs more time?
The Texas Insurance Code says a notice rejecting a claim must state the reasons for the rejection.2 It says an insurer that is unable to accept or reject a claim within the period must, within that same period, tell the claimant why it needs more time.2 It says an insurer that gave that notice must accept or reject the claim not later than 45 days2 after it notifies the claimant.
What are the Texas claim response deadlines?
| Step | Deadline in the statute |
|---|---|
| Acknowledge the claim and commence any investigation | Not later than 15 days1 after the insurer receives notice of the claim |
| Accept or reject the claim in writing | Not later than 15 business days2 after the insurer receives all items, statements and forms it requires to secure final proof of loss |
| Accept or reject after telling the claimant it needs more time | Not later than 45 days2 after it notifies the claimant |
Which claims do these Texas deadlines cover?
For this part of the Texas Insurance Code, a claim is a first-party claim made by an insured, policyholder or named beneficiary that must be paid by the insurer directly to that person.3
What the sources do not state
The sources used here do not state how the exceptions in the statute change the period for accepting or rejecting a claim.
Next step
The statute is published on the Texas Legislature page for the Insurance Code prompt payment chapter. The filing lookup tool is where to look up filing details for a situation.
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Receipts
- 1
Texas Legislature (Texas Constitution and Statutes)
Texas Insurance Code Sec. 542.055 (Receipt of Notice of Claim)
Open sourceSee the data - 2
Texas Legislature (Texas Constitution and Statutes)
Texas Insurance Code Sec. 542.056 (Notice of Acceptance or Rejection of Claim)
Open sourceSee the data - 3
Texas Legislature (Texas Constitution and Statutes)
Texas Insurance Code Sec. 542.051 (Definitions)
Open sourceSee the data