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If you’ve been in a car accident in Texas and no one was seriously injured, you may be wondering whether you really need a lawyer just to deal with vehicle damage. In many property-damage-only cases, people can handle the claim themselves — but only if they understand the process and avoid some very common mistakes.
Insurance companies handle thousands of these claims every month. The people who do best are not the loudest or angriest — they’re the most organized and informed.
The tips below are designed to help you navigate a Texas car accident property damage claim step by step, without leaving money on the table.
Tip #1: Know the Texas Deadline for Property Damage Claims
In Texas, property damage claims arising from a car accident generally must be resolved or filed within two years from the date of the crash. If that deadline passes, you may lose the ability to pursue compensation entirely.
Even if you never plan to file a lawsuit, understanding the statute of limitations gives you leverage. Insurance companies know when deadlines are approaching, and claims often move faster once time becomes a factor.
In Texas, uninsured and underinsured motorist (UM/UIM) claims work differently than regular car accident cases because you are making a claim against your own insurance company, not the at-fault driver. For that reason, UM/UIM claims are generally governed by a four-year statute of limitations, not the two-year deadline that applies to personal injury lawsuits.
In most cases, that four-year period does not begin on the date of the accident, but instead starts when the insurance company denies the claim or refuses to pay benefits after liability and damages are established. Sometimes UM/UIM disputes involve questions about whether coverage exists or how a policy should be interpreted, and those issues are often resolved through a declaratory judgment lawsuit, but using that type of lawsuit does not change the four-year limitations period. Because the timing can depend on how the insurance company handles the claim, it is important to get clarity before assuming a UM/UIM claim is too late.
In addition to claims for UM/UIM benefits, disputes with an insurance company can sometimes give rise to other claims, such as violations of the Texas Deceptive Trade Practices Act (DTPA), bad faith, or violations of the Texas Insurance Code. These types of claims can have their own rules and deadlines, and the timing often depends on what the insurance company did, when it did it, and how the claim was handled. Because these deadlines can overlap or run differently from the UM/UIM claim itself, the safest approach is not to guess. From a practical standpoint, many people are advised to assume a two-year deadline until a lawyer confirms otherwise, so no rights are accidentally lost. A short call with an attorney can help clarify which deadlines apply and whether any additional claims may exist before time runs out.
Tip #2: Get Your Texas Car Accident Police Report
After a car accident in Texas — even one that seems minor — it’s usually a good idea to call 911 and ask for a police officer to come to the scene. When an officer responds, they will typically prepare a Peace Officer’s Crash Report (CR-3).
Having an official crash report matters for a few important reasons. First, it creates a neutral record confirming that the accident actually occurred. Second, insurance companies almost always rely on information from the report when opening and evaluating a claim. Third, while officers do not decide civil liability, they often note contributing factors or issue citations, which can become important later when fault is disputed.
Under Texas Transportation Code § 550.062, a peace officer is required to prepare a crash report when an accident results in injury or death, or when property damage appears to be $1,000 or more. That report must generally be filed within 10 days of the crash.
If an officer does not respond because the accident does not appear to meet those thresholds, you should still document the incident yourself. In those situations, drivers are encouraged to complete a Driver’s Crash Report (CR-2), commonly called the “Blue Form.” While this form is no longer submitted to or retained by the Texas Department of Transportation, it serves as an important personal record of what happened. Completing it as soon as possible helps ensure details are not lost or forgotten over time.
Keeping a copy of either the police report or the Blue Form can make the insurance process smoother and help protect you if questions arise later.
How to Get Your Texas Crash Report
Crash reports are typically obtained through the law enforcement agency that investigated the accident. Here are common starting points:
Tip #3: If Your Car Isn’t Drivable, Track Where It’s Towed and Stored
If your vehicle cannot be driven after a Texas car accident, it’s important to find out exactly where it is taken and to keep that information handy. Tow truck drivers usually tell you the storage location at the scene, and it is often listed on the police report as well. If you don’t receive that information, locating the vehicle quickly should be a priority.
Insurance companies need to know where your car is stored so they can send an adjuster to inspect the damage and decide whether it should be repaired or declared a total loss. Delays in providing this information often slow the claim process and can lead to unnecessary costs.
Under Texas law, you generally have the right to choose which repair shop fixes your vehicle and, in many cases, which replacement parts are used. That said, storage lots typically charge daily storage fees, and those charges can add up fast.
Even when the other driver is clearly at fault, Texas law requires you to mitigate your damages, meaning you must take reasonable steps to keep costs from increasing unnecessarily. If a car sits in a storage lot for an extended period without action, the insurance company may refuse to pay all of the accumulated storage fees.
If liability is still being investigated and repairs cannot begin right away, ask the insurance company whether the vehicle can be moved to their storage facility. This is often the easiest way to stop daily storage charges while the claim is being reviewed.
Keeping track of where your car is, moving it promptly, and communicating clearly with the insurance company can prevent avoidable expenses and help keep your property damage claim on track.
Tip #4: File a Claim With the At-Fault Driver’s Insurance Company
If the accident was not your fault and you have not hired a Texas car accident attorney, the next step is usually to file a property damage claim with the other driver’s insurance company. When you do, it’s important to keep the conversation simple and factual.
Insurance companies will later review the police report and compare it to what you say when the claim is opened. For that reason, consistency matters. Stick to the basic facts of when and where the accident happened, the vehicles involved, and where your car is currently stored. Avoid speculation, exaggeration, or emotional descriptions of the crash.
When opening the claim, the insurance representative will typically ask for routine information such as your name, contact details, vehicle information, the date and location of the accident, and whether the vehicle is drivable. They will also ask whether you were injured. If you are experiencing pain or symptoms, it may be wise to pause and speak with a lawyer before discussing injuries, since many people do not realize how those early statements can be used later.
Once the claim is opened, the insurance company should provide you with a claim number and the name and contact information of the adjuster or department handling the property damage portion of the claim. Keep this information in one place and document all follow-up communications, as it will be referenced throughout the claim process.
Clear, calm, and consistent communication at this stage helps prevent delays and unnecessary disputes as your Texas car accident property damage claim moves forward.
Tip #5: File an Uninsured Motorist Property Damage (UMPD) Claim if the Other Driver Has No Insurance
If the accident was not your fault — or if it was a hit-and-run — and the other driver did not have car insurance, you may be able to repair or replace your vehicle through your own insurance policy by filing an uninsured motorist property damage (UMPD) claim.
UMPD coverage is optional in Texas, but it is commonly included unless the policyholder rejected it in writing. To see whether you have this coverage, check your insurance declarations page, which is usually available through your insurer’s mobile app, website, or by calling your insurance company directly.
Under the Texas Insurance Code, auto policies must offer uninsured and underinsured motorist coverage for both bodily injury and property damage unless the insured signs a written rejection. If an insurance company cannot produce a valid, signed rejection when asked, Texas courts have held that UM/UIM coverage may be implied by law up to the state’s minimum limits. This means coverage may still exist even if you were not aware of it.
If you do have UMPD coverage, Texas law sets a mandatory $250 deductible. Once you file the claim, the insurance company — not you — has the responsibility to investigate whether the at-fault driver was actually uninsured. If the insurer later discovers that the responsible party did have insurance, the claim can be redirected to the other driver’s carrier instead.
Many people hesitate to file a UM claim with their own insurance company because they worry their premiums will increase or their policy will be canceled. In most cases, those concerns are overstated. First, uninsured motorist coverage is something you pay extra for, and it is meant to be used when an uninsured driver causes damage. Second, a single not-at-fault claim typically does not result in a premium increase. Finally, Texas law generally prevents insurers from refusing to renew a policy based on a single accident or claim that was not your fault.
If the other driver truly had no insurance, filing a UMPD claim is often the most direct and efficient way to get your vehicle repaired without unnecessary delay.
Tip #6: Use Your Own Collision Coverage if You Were at Fault
If the accident was your fault and you plan to repair your vehicle, you can usually file a claim with your own insurance company under your collision coverage.
Collision coverage pays for damage to your vehicle regardless of who caused the accident. Keep in mind, however, that using this coverage requires you to pay a deductible, which is typically between $500 and $1,000, depending on what you selected when you purchased your policy.
Once the claim is filed, your insurance company will inspect the vehicle and either authorize repairs or declare it a total loss. While filing a collision claim can be the fastest way to get your car fixed, you should weigh the cost of the deductible against the repair estimate before moving forward.
Tip #7: Rental Cars – Know Who Pays and When
After a car accident, a rental vehicle may be available either through your own insurance company or through the at-fault driver’s insurance company, depending on how the claim is being handled.
If the other driver’s insurance company accepts liability, you are generally entitled to a rental car while your vehicle is being repaired or until they determine whether it is a total loss and make an offer. If the damage appears severe and you suspect the car may be totaled, it’s a good idea to begin researching replacement vehicles early so you are not rushed once an offer is made.
When a vehicle is declared a total loss, insurers will often allow a short grace period—typically two to three additional days—to keep the rental car after making their offer. It never hurts to ask, especially if you need time to arrange transportation or evaluate replacement options.
If the at-fault driver’s insurance company is still investigating liability, you may need to pay for a rental out of pocket temporarily. In that situation, keep all receipts and request reimbursement once liability is confirmed. Alternatively, you can go through your own insurance company if your policy includes rental reimbursement coverage. If you’re unsure whether you have this coverage, a quick call to your insurer can usually confirm it.
Understanding how rental coverage works can help you avoid unnecessary out-of-pocket costs and reduce stress while your property damage claim is being resolved.
Tip #8: You May Be Entitled to “Loss of Use” Compensation — Even if Your Car Was Totaled
If you were without a vehicle after the accident and were not provided a rental car, you may be entitled to loss of use compensation. Loss of use is meant to cover the reasonable cost of transportation during the time your car was unavailable.
In Texas, insurance companies typically calculate loss of use based on the reasonable daily rental value of a comparable vehicle. While the exact amount varies, it often falls in the range of $20 to $30 per day, depending on the type of car involved and local rental rates. This compensation generally runs until the vehicle is repaired or, in a total loss situation, until the insurance company makes an offer on the vehicle.
Importantly, loss of use is not limited to repairable vehicles. The Texas Supreme Court has ruled that even when a car is totaled, the owner may still recover loss-of-use damages in addition to the fair market value of the vehicle. In practical terms, that means you may be entitled to compensation not only for the value of your totaled car, but also for the reasonable time you were without transportation.
That said, loss-of-use compensation is not unlimited. Texas law requires you to mitigate your damages, meaning you must take reasonable steps to replace the vehicle. Loss-of-use damages generally cannot be claimed for an unreasonably long period, and compensation is typically limited to the time reasonably necessary to obtain a replacement vehicle.
Understanding loss of use can make a meaningful difference in a property damage claim, especially in total loss cases where rental coverage may be limited or unavailable.
Tip #9: You May Be Entitled to “Diminished Value” Compensation After Repairs
If your vehicle was damaged in an accident that was not your fault and later repaired, you may still be entitled to diminished value compensation. Diminished value refers to the loss in market value that occurs simply because a car has been in an accident—even if the repairs were done correctly.
Many buyers are willing to pay less for a vehicle with an accident history due to concerns about the quality of repairs, long-term reliability, safety, or whether original manufacturer parts were used. These concerns can reduce the resale or trade-in value of a repaired vehicle, and Texas law allows you to seek compensation for that loss in appropriate cases.
To support a diminished value claim, you must be able to show that the vehicle was worth more before the accident than it was afterward. These claims tend to be stronger when the repairs were significant, the vehicle had no prior accident history or salvage title, and the mileage was relatively low at the time of the crash.
In most cases, the best way to present a diminished value claim is with a certified diminished value appraisal prepared by a qualified auto appraiser. While these reports often cost a few hundred dollars, they can be worthwhile when the diminished value exceeds the cost of the appraisal.
If your vehicle is leased, you should contact the leasing company before pursuing a diminished value claim. Some lease agreements require written permission, and different lease companies handle diminished value claims differently. Clarifying this upfront can prevent delays or disputes over who is entitled to any recovery.
Diminished value is often overlooked, but in the right case it can add meaningful compensation to a Texas car accident property damage claim.
Tip #10: If Your Car Was Totaled and the Insurance Offer Doesn’t Pay Off Your Loan, You Still Have Options
When a vehicle is declared a total loss, the insurance company is only required to pay the car’s actual cash value, not the balance of your loan or lease. If you owe more than the car is worth, that gap can come as an unpleasant surprise. Fortunately, there are several options that may help reduce or eliminate the shortfall.
One option is GAP insurance. GAP coverage is designed to pay the difference between what your car is worth and what you still owe on a loan or lease. Many lenders require GAP insurance when a vehicle is purchased or leased under certain conditions, so it’s worth checking whether you already have it. You can usually confirm this by contacting your auto insurer or the bank or leasing company that financed the vehicle. If GAP coverage applies, it can cover the remaining balance after the total loss payment is issued.
Another possibility is rolling the negative equity into a new vehicle loan. If you owe more than the insurance payout, some lenders will allow the remaining balance to be added to a new car loan. This option depends on your credit, income, and ability to handle higher monthly payments. In many cases, lenders require GAP insurance on the new loan when negative equity is rolled over.
You may also consider filing a claim under your own collision coverage, if you have it. In some situations, your own insurance company may offer a higher valuation than the at-fault driver’s insurer. While this typically requires paying a deductible upfront, your insurer may later seek reimbursement from the responsible party’s insurance company and return the deductible to you.
Finally, negotiation is often still on the table. Insurance valuations are not always final, and errors in mileage, condition, or comparable vehicles can significantly affect the offer. Before accepting a total loss settlement, it’s important to review the valuation carefully and understand whether it accurately reflects your vehicle’s pre-accident value.
A total loss doesn’t always mean you’re out of options. Knowing what alternatives exist can help you make a more informed decision before accepting an offer that leaves you owing money on a car you no longer have.
Before choosing any of these options, it’s important to understand that an insurance company’s total loss offer is not always final. Valuations are based on data that can be incomplete or inaccurate, and small errors can have a big impact on what you’re paid. That’s why, before accepting a settlement or deciding how to handle any remaining loan balance, it often makes sense to review the offer closely and consider whether negotiation could improve the outcome — which brings us to the next step.
Tip #11: Negotiate the Insurance Company’s Total Loss Offer
When an insurance company declares a vehicle a total loss, the first offer they make is often not the best offer—even if the adjuster says it is “non-negotiable.” Total loss valuations are based on data, and that data is not always complete or accurate.
Before accepting an offer, review the valuation carefully and look for mistakes involving mileage, condition, trim level, or optional features. One of the most effective ways to challenge a low offer is by providing comparable vehicles for sale in your local market. Focus on vehicles of the same year, make, and model with similar mileage, condition, and options. Listings from sources like Kelley Blue Book, Autotrader, or CarGurus can be helpful, as can written valuation estimates from local dealerships.
In some cases, it may also make sense to obtain an appraisal from a certified auto appraiser. While appraisal reports come with a cost, they can be worthwhile when the difference between the insurance offer and the vehicle’s fair market value is significant.
Negotiation is often a normal part of the total loss process. Taking the time to support your position with solid documentation can result in a higher settlement and help you avoid accepting less than your vehicle is truly worth.
Tip #12: Do Not Sign or Accept Anything Until a Lawyer Reviews It if a Bodily Injury Claim Is Involved
If you are ready to settle the property damage portion of your claim but also have a bodily injury claim arising from the same accident, it’s critical to slow down before signing anything or cashing a settlement check. Even documents that appear to relate only to vehicle damage can sometimes contain language that releases the at-fault driver and the insurance company from all claims, including medical bills, lost wages, pain and suffering, and other injury-related damages.
This risk isn’t limited to written paperwork. In Texas, verbal settlements can be binding. Courts have held that when an accident victim agrees over the phone to settle a claim, that agreement can be enforced—even if the person later realizes the settlement did not fully cover their injuries. Once a release is given, whether written or oral, it can be very difficult or impossible to undo.
For that reason, when injuries are involved, it’s usually a good idea to have a Texas car accident attorney review any release language or settlement terms before you sign documents, endorse checks, or agree to a resolution over the phone. A short review can help ensure that resolving your property damage claim does not accidentally wipe out your right to pursue compensation for your injuries.
What to Keep in Mind Before You Settle
If you’re handling a Texas car accident property damage claim and want to make sure you’re not overlooking something important, reviewing these steps carefully can help. And if your situation involves injuries, coverage questions, or a settlement you’re unsure about, a short conversation with a Texas car accident lawyer can help confirm you’re on the right track before you finalize anything.
