Property Damage Claims in Texas
Everything you need to know about property damage claims in Texas (TX), including state-specific laws, filing deadlines, and how to contact the Texas Department of Insurance.
Texas law at a glance
Last reviewed against the sources linked below.
What is the total loss threshold in Texas?
Texas brands a vehicle salvage when repair cost (parts and labor, excluding repainting and sales tax on repairs) exceeds its actual cash value immediately before the damage, which works out to a 100% threshold.
Can you claim diminished value from the at-fault driver's insurer in Texas?
The Texas Supreme Court held the standard Texas auto policy owes no diminished value after an adequate repair on a first-party claim, while noting, through a Department of Insurance bulletin, that an insurer may owe a third-party claimant lost market value.
How long do you have to sue over car damage in Texas?
Texas allows two years to sue for injury to the property of another, which covers damage to a vehicle.
Which Texas rule governs how auto insurance claims are settled?
Texas's unfair claim settlement practices rule bars insurers from failing to try in good faith to settle claims promptly and fairly once liability is reasonably clear. It does not set a total-loss valuation method.
Source: 28 Tex. Admin. Code § 21.203
General information about Texas law, not legal advice. Laws and policies change and your policy wording matters; check the cited source or ask a Texas attorney before relying on a deadline. No outcome is guaranteed.
Texas Insurance Regulation Overview
Texas Department of Insurance oversees one of the largest insurance markets in the US. The Texas Prompt Payment of Claims Act provides strong consumer protections with strict deadlines for insurers to acknowledge, process, and pay claims.
Key Texas Insurance Regulations
- Modified comparative fault — barred at 51% or more fault
- 2-year statute of limitations for personal injury and property damage
- Mandatory auto insurance: 30/60/25 minimum liability
- Prompt Payment of Claims Act — strict timelines for insurers
How to File Property Damage Claims in Texas
When filing property damage claims in Texas, it's important to understand the state's specific insurance regulations and consumer protections. The Texas Department of Insurance oversees insurance companies operating in Texas and provides resources for consumers who need assistance with their claims.
Step-by-Step Process for Texas
- Document your claim — Gather all evidence relevant to your property damage claims including photos, receipts, medical records, and any correspondence with your insurance company.
- Review your policy — Check your insurance policy for specific coverage terms, deductibles, and exclusions that apply in Texas.
- File promptly — Texas has specific deadlines for reporting insurance claims. Contact your insurer as soon as possible to initiate the claims process.
- Know your rights — Under Texas law, insurance companies must handle claims fairly and in a timely manner. If you believe your claim was wrongfully denied, you can file a complaint with the Texas Department of Insurance.
- Check the numbers — Compare the insurer's offer or denial with the Texas rules above and the policy wording. InsurifyAI can review the insurer's report and help you put your response in writing; you (or your attorney) present it to the insurer.
Texas Department of Insurance
Phone: (800) 252-3439
Website: https://www.tdi.texas.gov
File a Complaint: Consumer Complaint Portal
Commissioner: Cassie Brown
More on Texas auto claims
By insurer in Texas
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