Not for every claim, but usually for an injury. A property-damage claim with clear fault can often be handled directly with the adjuster. An injury that is still being treated, disputed fault, low liability limits or an insurer that has gone quiet are the situations where a Texas driver should get advice before accepting or signing anything.
The short version
- Two kinds of claim. A first-party claim is made to your own insurer under your own policy. A third-party claim is made against the at-fault driver’s liability insurer.
- Your insurer has deadlines. Chapter 542 of the Insurance Code sets 15 days to acknowledge a claim, 15 business days to accept or reject it once the insurer has what it needs, and 5 business days to pay an accepted claim.
- Those deadlines are written for first-party claims. On their face they do not give a statutory clock for a claim against another driver’s liability insurer, so that pace is set by negotiation.
- Get the medical picture first. The claim depends on treatment records, and those may still be incomplete when an offer arrives.
- Two years to sue. Civil Practice and Remedies Code § 16.003(a) generally requires a personal injury suit within two years of accrual.
Do you need a car accident attorney to file an insurance claim in Texas?
What changes the answer is the kind of loss, the number of insurers involved and whether the injury is finished. A repair estimate and a rental bill are easy to check, while a neck injury that needs months of therapy has a value that depends on records still arriving.
The question is less about whether you are allowed to handle a claim yourself and more about what the claim contains. An adjuster can review a repair estimate, a tow invoice and a rental receipt and pay them without much argument. Medical bills, future care, lost work time and pain are harder to put a number on, and the insurer may ask for records that take time to gather. Claims after a hit-and-run crash or a crash that leaves someone needing ongoing care often need the most documentation.
Our page on Houston car accident cases covers the subject more broadly. For a step-by-step view of what representation involves, read what a Houston car accident lawyer does, from the first call to the claim.
What is the difference between a first-party and a third-party claim?
A first-party claim is made to your own insurer under your own policy, such as personal injury protection, medical payments or uninsured motorist coverage. A third-party claim is made against the at-fault driver’s liability insurer for the harm that driver caused. Chapter 542 of the Insurance Code defines “claim” in the first-party sense.
The statute’s definitions section says a “claim” means “a first-party claim that: (A) is made by an insured or policyholder under an insurance policy or contract or by a beneficiary named in the policy or contract; and (B) must be paid by the insurer directly to the insured or beneficiary” (Tex. Ins. Code § 542.051(2)). The definition is the reason the chapter’s deadlines are phrased around the insured’s own policy.
Most people hurt in a crash end up using both. Their own policy may pay medical bills and lost wages under PIP or MedPay and, where the other driver is underinsured or uninsured, under uninsured motorist coverage. The claim for the rest of the harm goes to the at-fault driver’s insurer, which is the claim adjusters often describe as simple. Crashes with several vehicles raise the same split, as liability in multi-car accidents explains. The first-party side gets more detail in the uninsured motorist guide. Rideshare crashes add a second insurer to the picture, as rideshare accidents in Houston explains.
How fast must your own insurer act under Chapter 542?
For a first-party claim, the insurer must acknowledge the claim and start its investigation within 15 days of notice. A written decision to accept or reject comes within 15 business days after the insurer has the items it requires, and an accepted claim is paid within five business days.
| Step | Deadline in the statute | Section |
|---|---|---|
| Acknowledge the claim, start the investigation and request the items the insurer needs | Within 15 days after notice reaches the insurer (30 business days for an eligible surplus lines insurer) | Tex. Ins. Code § 542.055(a) |
| Ask for more information during the investigation | Permitted when the additional requests are necessary | § 542.055(b) |
| Accept or reject the claim in writing | Not later than the 15th business day after the insurer receives everything it requires for final proof of loss | § 542.056(a) |
| Pay a claim the insurer has accepted | Not later than the fifth business day after notice of acceptance, or after any act the insurer required of you is performed | § 542.057(a)–(b) |
The deadlines run from when the insurer receives notice and documents, not from the date of the crash. Whether a particular letter restarts or changes a deadline depends on its wording, so keep a copy of every request you receive and every response you send. Click2Houston’s ENOUGH investigative team summarized the same three steps in an April 14, 2026 explainer on what to do after a Houston car crash, adding that a policyholder can challenge the amount paid or what the policy covers.
Do the same deadlines apply when the other driver’s insurer is involved?
On the face of Chapter 542, no. Its response deadlines attach to a first-party claim as the chapter defines it, so a claim against another driver’s liability insurer does not carry the same statutory clock. That claim’s pace is set by investigation, negotiation and, if necessary, a lawsuit, and whether any other rule applies is a question for counsel.
An insurer that answers quickly on your own policy may take months to respond to a demand against the at-fault driver’s policy, and the statute’s timetable does not automatically follow the claim across that line. The practical result is that the medical record and the demand letter, not a statutory date, usually control the timing of the second claim. The kinds of damages a claim can seek form the other half of that demand.
The unfair-practice list in Chapter 542 still applies to an insurer doing business in Texas, as the next section explains. How Houston insurers stall injury claims shows what delay usually looks like and how a lawyer answers it. For the first steps after any crash, see the first-steps checklist.
What may an insurer not do with your claim?
Under Insurance Code § 542.003(b), an insurer commits an unfair claim settlement practice when it knowingly misrepresents pertinent facts or policy provisions relating to coverage, or fails to acknowledge pertinent communications with reasonable promptness. The statute lists further practices, including not attempting in good faith to effect a prompt, fair settlement once liability is reasonably clear.
The statute says that “an insurer engaging in business in this state may not engage in an unfair claim settlement practice,” and it lists the practices. Two of them are “knowingly misrepresenting to a claimant pertinent facts or policy provisions relating to coverage at issue” and “failing to acknowledge with reasonable promptness pertinent communications relating to a claim arising under the insurer’s policy” (Tex. Ins. Code § 542.003(a)–(b)).
Whether a particular conduct breaks the statute, and what follows from that, depends on the facts and on the type of claim. This page does not decide whether any insurer broke the statute.
When can you handle the claim yourself?
When the loss is small, the facts are not in dispute and no one has been hurt in a way that is still being treated. Keep records, ask the adjuster to explain the estimate, and write down every call. The Texas Department of Insurance recommends the same habits for any policy claim.
The Department’s tips for filing a claim with your insurance company say that most of the complaints it handles involve disputes about claim settlements. Its advice is to keep copies of all documents, note the date and the name and title of each person you speak with, follow up phone calls with an email or letter, and ask the company to show you the policy language it is relying on to settle the claim.
The same page advises taking photographs or video, where possible, before any permanent repair and keeping the damaged property until the adjuster has inspected it. Which photographs are most useful after a crash is covered separately. Those steps help with any claim. They do not measure the value of an injury, and a property claim that began without injury can become an injury claim after a diagnosis, which is when a consultation with a lawyer becomes worth the time.
Why should your medical records be complete before you settle?
Gather your medical records before you answer a settlement offer, because an offer made before your treatment and prognosis are known is made without them. The Texas Department of Insurance’s tips make a similar point for accident and health claims, where they advise asking your doctor for details of treatment, condition and prognosis.
Your doctor’s notes, bills, referrals and any work restrictions show what the claim will cost, including care that has not yet happened. Treatment that is still ongoing means the cost of the claim is not yet fixed. Head injuries are an example where the medical picture takes time to form; see fighting for compensation after a traumatic brain injury. Treatment timing and overall case length are covered together in the Texas timeline article.
Insurers often ask for medical authorizations and recorded statements early. Before you sign one, read whether you have to share medical records with an adjuster, and see what to think about before you talk to the adjuster.
How does shared fault change what you can recover?
Texas cuts off recovery entirely once a claimant’s share of responsibility passes half. Civil Practice and Remedies Code § 33.001 states that rule in one sentence, so an adjuster who says you were partly at fault is raising a question with real money attached.
The bar is stated in Civil Practice and Remedies Code chapter 33, read today on the Texas Legislature’s site. The same chapter governs how a percentage of responsibility is determined and how it affects an award. How those rules apply to your facts is a question for an attorney. The framework is laid out further in the comparative negligence article.
Fault disputes can stall a claim. A police report, witness names and photographs are the evidence that bears on fault, and the adjuster will have an opinion about each of them. Why witnesses matter in a Houston car accident claim covers the witness side of that evidence. Requesting the report is covered step by step in the crash report request guide.
What is the deadline to sue after a car accident in Texas?
Generally two years from the day the claim accrues. Civil Practice and Remedies Code § 16.003(a) sets that period for personal injury suits, subject to the exceptions cross-referenced in that subsection, so the exact date for your claim should be confirmed with an attorney early.
The two-year period runs whether or not the claim is still being negotiated, so a claim that is still with the insurer can reach the deadline without a suit having been filed. A lawyer usually decides on a filing date by counting back from the accrual date and checking the exceptions that apply to the facts. The Houston car accident FAQ answers more of the timing questions drivers ask first. For local examples of the same deadline, see the Sugar Land filing guide.
Should the claim end up in court, Harris County filings go through the electronic system: the District Clerk’s civil intake page cites a Texas Supreme Court order requiring e-filing in every Harris County civil court, with paper reserved for people who represent themselves.
Claims against a government body can follow different rules, and a crash involving a public bus is one situation where that question can arise. Our page on Houston bus accidents covers that situation.
When is it time to talk to an attorney about your claim?
Talk to an attorney before you accept an offer or sign a release when you are still treating, fault is disputed, the at-fault driver’s limits may not cover your losses, or an insurer has stopped responding. The first consultation is free.
Fee questions start with what a Houston accident lawyer costs, and five questions for comparing Houston injury firms cover the rest.
Before any call, put the policy, the crash report, your medical bills and every letter the insurer has sent in one folder; What counts as a personal injury case in Texas helps with the first question, and when you are ready, the contact page is open. Our guide to what to bring to a case evaluation lists what to gather. The tactics insurers may use after a crash are covered separately.
Frequently asked questions
How do I file an insurance claim after a car accident?
Report the claim to the insurer and give it the information it asks for. The Texas Department of Insurance recommends keeping copies of all documents, noting the date and the name and title of each person you speak with, and following up phone calls with an email or letter.
How long do I have to file an insurance claim after a car accident?
Chapter 542 of the Insurance Code sets response deadlines once a first-party claim is made. The two-year limit is the starting point, and section 16.003(a) of the Civil Practice and Remedies Code lists its exceptions. Your policy may also set notice requirements, which appear in the policy itself.
How long does a car accident insurance claim take?
For your own insurer, the statute requires an acknowledgment within 15 days, a written decision within 15 business days after it has what it needs, and payment within five business days of acceptance. A claim against the other driver’s liability insurer has no Chapter 542 clock on its face, so its length depends on the injuries, the treatment and the negotiation.
What happens when a car accident claim exceeds insurance limits?
The policy’s limits cap what that policy pays. If the losses are larger, other coverage may apply, such as your own uninsured or underinsured motorist coverage. Which coverage applies depends on the policies involved, and an attorney can review them.
Should I accept the first offer from the insurance company?
Not before your treatment and records are known. The Texas Department of Insurance advises asking the company to show the policy language it relies on to settle the claim, and to keep copies of all documents and notes of every call.
Can I choose my own repair shop after a crash?
Yes. The Click2Houston consumer report from April 14, 2026 states that drivers have the legal right to choose their own repair shop and decide what parts go on their vehicle.
About the authors
Sam A. Maida, Jr.
Owner and Managing Attorney
Sam A. Maida, Jr. has represented injured Texans in the greater Houston area since the firm opened in 1993.
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Bernard G. Johnson III
Litigation Managing Attorney
Bernard G. Johnson III is a board certified trial lawyer licensed in Texas since 1996 and a graduate of South Texas College of Law.