Texas · Car accident rules · Updated Oct 2026

Car accidents in Texas: what to do and who pays

When to report a crash in Texas, how insurance works, who pays when both drivers share the blame, minimum coverage, how to get the police report, deadlines to sue and where to get help, in plain English from official sources.

See the ruledamage that requires a report
Fault (tort)insurance system
Modified (51% bar)comparative-fault rule
30/60/25minimum liability
2 years / 2 yearsto sue: property / injury

At the scene and reporting a crash in Texas

Always stop and help anyone who is hurt. Leaving the scene of a crash is a crime in every state.

When to call the police
Call police right away by the quickest means if anyone is hurt or killed, or a vehicle is too damaged to be driven normally and safely: city police inside a city (or within 100 feet of it), otherwise the sheriff or Texas DPS. Officers who investigate must file a report if anyone is hurt or killed or any one person's property damage looks like $1,000 or more.
Report to the state
No. Drivers no longer file their own written crash report (CR-2) with the state; officers file the CR-3 electronically with TxDOT within 10 days.
Law
Tex. Transp. Code §§ 550.026, 550.062
Official text
Read the official text

First 24 hours after a crash in Texas

Tick the boxes as you go, or print the list and keep it in your glove box.

Safety first

Call for help

Exchange information

Photos and witnesses

Report the crash

  • Texas: Call police right away by the quickest means if anyone is hurt or killed, or a vehicle is too damaged to be driven normally and safely: city police inside a city (or within 100 feet of it), otherwise the sheriff or Texas DPS. Officers who investigate must file a report if anyone is hurt or killed or any one person's property damage looks like $1,000 or more. Report to the state: No. Drivers no longer file their own written crash report (CR-2) with the state; officers file the CR-3 electronically with TxDOT within 10 days.

Insurance and health

General safety and information steps, not legal advice.

Insurance system in Texas

Texas is a fault (tort) state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.

System
Fault (tort)
PIP, benefits and when you can sue
Fault-based. Every policy must include personal injury protection (PIP) unless you reject it in writing; the required amount is $2,500 per person (Tex. Ins. Code §§ 1952.152, 1952.153). PIP pays your medical bills and lost wages no matter who caused the crash.
Law
Tex. Transp. Code ch. 601; Tex. Ins. Code ch. 1952
Official text
Read the official text

Compare every state in the no-fault states table.

Who pays: comparative fault in Texas

Rule
Modified (51% bar)
What it means
In Texas, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).
Law
Tex. Civ. Prac. & Rem. Code § 33.001: you cannot recover if your share of responsibility is greater than 50%.

Compare every state's rule in the comparative negligence table.

Who pays in Texas: fault and payout explainer

If both drivers share the blame, your state's comparative-fault rule decides whether you can recover and how much. Enter your share of the fault and your total damages to see what the rule means. This is an illustration, not a prediction: insurers, juries and judges decide the percentages.

From 0 (not at all) to 100 (all your fault).

Repairs, rental, medical bills and other losses, before any reduction.

Modified comparative fault (51% bar)In Texas, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

An illustration from our state data, not legal advice and not a prediction of any payout.

Minimum insurance in Texas

Liability minimum
30/60/25
Uninsured / underinsured motorist (UM/UIM)
Insurers must offer uninsured/underinsured motorist coverage (injury and property damage) at least at the minimum limits; it is included unless you reject it in writing (Tex. Ins. Code § 1952.101). It won't pay for a hit-and-run unless you reported it to police (TDI).
Official text
Read the official text

Numbers like 25/50/25 mean $25,000 for injury to one person, $50,000 for all injuries in one crash and $25,000 for property damage. Compare every state in the minimum insurance table.

Getting the police report in Texas

Buy a copy of the officer's crash report (CR-3) from TxDOT's Crash Report Online Purchase System: $6 for a regular copy, $8 for a certified copy (a small online surcharge may apply). https://www.txdot.gov/data-maps/crash-reports-records.html

You can also ask by mail with our free police report request letter.

Filing a claim and insurer deadlines in Texas

How fast insurers must act
For claims on your own policy, the insurer must acknowledge the claim, start investigating and ask for what it needs within 15 days of notice (Tex. Ins. Code § 542.055), accept or reject in writing within 15 business days after getting everything it asked for (up to 45 days if it tells you why it needs more time) (§ 542.056; TDI), and pay within 5 business days after saying it will pay (§ 542.057). If it breaks these rules it owes 18% yearly interest plus attorney's fees (§ 542.060). These rules don't cover claims against the other driver's insurer.

Put your claim in writing. Our free insurance claim letter lists your damages and asks for a written answer.

If the other driver has no insurance in Texas

Claim under your uninsured/underinsured motorist coverage (if you didn't reject it), your PIP, or your collision coverage. Driving without insurance is a misdemeanor with a fine of $175 to $350 for a first offense (Tex. Transp. Code § 601.191).

Read what to do if you are hit by an uninsured driver.

Deadlines to sue in Texas

Property damage (your car)
2 years
Injury
2 years
Notes, including claims against a government
To sue a Texas government body, give it written notice within 6 months; a city charter can set a shorter deadline (Tex. Civ. Prac. & Rem. Code § 101.101).
Law
Tex. Civ. Prac. & Rem. Code § 16.003

The deadline is the statute of limitations. Insurance claims and talks with an adjuster don't stop it. Compare every state in the deadlines table.

Deadline to sue in Texas

Every state limits how long you have to file a lawsuit after a car crash. This is the statute of limitations. Choose your state, the type of claim and the date of the crash to see the usual deadline and the last day to file. Nothing you type here is sent anywhere.

The day the crash happened.

Texas: 2 years for property damageEnter the date of the crash to see the last day to file a lawsuit.

An estimate from our state data, not legal advice. Exceptions can shorten or extend a deadline, and an insurance claim does not stop the clock. Check with a lawyer early.

Small claims for property damage in Texas

Small claims limit
$20,000 in Justice Court.

Texas small claims guide on Small Claims Map

Small claims court can be a way to recover the cost of repairs from the driver who caused the crash. Read how to use small claims for car damage.

Insurance complaints in Texas

If an insurer delays, underpays or denies a claim without a good reason, you can file a complaint with the state insurance regulator:

Free help in Texas

Good to know in Texas

  • If another driver caused the crash, their insurer should pay for your car repairs, medical bills and a rental car, though there's no guarantee it will (TDI).
  • If you file a complaint with TDI about another driver's insurer, the insurer must write back explaining why it denied or paid the claim the way it did (TDI).
  • Officers must file a report when damage to any one person's property looks like $1,000 or more (Tex. Transp. Code § 550.062).

Changes in 2024–2026

No changes found to the rules used here. In 2025 the Legislature amended the crash-report forms and release sections (Tex. Transp. Code §§ 550.064, 550.065; HB 1620 and SB 1598, effective Sept. 1, 2025); people involved in the crash, their representatives, vehicle owners and insurers can still get the report.

Free letters

Insurance claim letter

Ask the other driver's insurer to pay your damages, in writing.

Police report request letter

Ask the police agency for a copy of the crash report by mail.

Questions about car accidents in Texas

When do you have to report a car accident in Texas?

Call police right away by the quickest means if anyone is hurt or killed, or a vehicle is too damaged to be driven normally and safely: city police inside a city (or within 100 feet of it), otherwise the sheriff or Texas DPS. Officers who investigate must file a report if anyone is hurt or killed or any one person's property damage looks like $1,000 or more. No. Drivers no longer file their own written crash report (CR-2) with the state; officers file the CR-3 electronically with TxDOT within 10 days.

Is Texas a no-fault state?

No. Texas is a fault (tort) state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.

Can I get money if I was partly at fault in Texas?

In Texas, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). (Tex. Civ. Prac. & Rem. Code § 33.001: you cannot recover if your share of responsibility is greater than 50%)

What is the minimum car insurance in Texas?

30/60/25 Insurers must offer uninsured/underinsured motorist coverage (injury and property damage) at least at the minimum limits; it is included unless you reject it in writing (Tex. Ins. Code § 1952.101).

How long do you have to sue after a car accident in Texas?

2 years for property damage and 2 years for injury (Tex. Civ. Prac. & Rem. Code § 16.003).

How do I get a police report in Texas?

Buy a copy of the officer's crash report (CR-3) from TxDOT's Crash Report Online Purchase System: $6 for a regular copy, $8 for a certified copy (a small online surcharge may apply). https://www.txdot.gov/data-maps/crash-reports-records.html

What if the other driver has no insurance in Texas?

Claim under your uninsured/underinsured motorist coverage (if you didn't reject it), your PIP, or your collision coverage. Driving without insurance is a misdemeanor with a fine of $175 to $350 for a first offense (Tex. Transp. Code § 601.191).

Where can I complain about a car insurance company in Texas?

Texas Department of Insurance (TDI): https://www.tdi.texas.gov/consumer/get-help-with-an-insurance-complaint.html · 800-252-3439

Sources

Last checked: Oct 24, 2026.

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