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What to do after a car crash in Houston — your rights, explained

Plus, what most drivers don’t know about finding a repair shop

(Andrey_Popov // Shutterstock)

Houston – Houston’s traffic is notorious. With millions of drivers sharing the roads every day, crashes happen daily. But what you do in the minutes — and days — after a collision could make a significant financial difference.

Many of the issues you ask us about could be avoided if you follow these guidelines.

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The Texas Department of Insurance recently released an auto insurance “Bill of Rights” for drivers, outlining key protections most people never knew they had.

What to do immediately after a crash

The steps taken right after a crash can protect both safety and any future insurance claim.

First, make sure everyone involved is safe.

Second, take photos of all vehicle damage and the surrounding scene — this step is easy to forget in the chaos.

Third, exchange names and license plate numbers with the other driver, and capture video footage if anyone has a dash cam.

Fourth, call your insurance company as soon as possible.

Fifth, save every estimate, receipt, and note from every phone call related to the claim.

Know your rights at the repair shop

Texas law gives drivers more control over vehicle repairs than many realize.

Drivers have the legal right to choose their own repair shop and decide what parts go on their vehicle. An insurance company cannot dictate the brand, age, vendor or condition of parts used in a repair. Drivers can also ask the shop to provide a cost estimate upfront — and should save that estimate for their records.

What insurance companies are required to do

Complaints about insurance companies going silent after a claim is filed are common. Texas law sets firm deadlines to prevent that.

When a claim is filed, the insurance company must acknowledge it within 15 days. Once the insurer has all the information it needs, it has 15 business days to approve or deny the claim in writing — with a possible extension, but only if the company explains why. If the claim is approved, payment must be issued within five business days.

If any of those deadlines are missed, the policyholder may be entitled to collect the claim amount, plus interest and attorney fees. Keeping thorough records is essential.

Additional rights for Texas drivers

The Texas Department of Insurance outlines several other protections for policyholders:

  • Ask questions freely. Drivers can ask their insurance company about their policy, the claims process, and whether a loss is covered — without fear of it affecting their premium, renewal status or coverage.
  • Dispute a claim payment. Policyholders can challenge the amount paid or what a policy covers by contacting the insurance company, the repair shop, or by consulting an attorney or appraiser.
  • Cancel a policy at any time and receive a refund of the remaining premium.
  • File a complaint with TDI if an insurance company is not following the rules.

The full auto insurance Bill of Rights is available at tdi.texas.gov.

Need help with insurance?

Drivers with questions or complaints can contact the Texas Department of Insurance for free:

📞 1-800-252-3439 🌐 www.tdi.texas.gov

To shop and compare rates and coverage, visit HelpInsure.com or opic.texas.gov.