Claims Process

Property Damage Claims and Injury Claims in Texas

A plain-language guide to how a claim for damage to your vehicle and a claim for your injuries differ after a Texas crash, where each can be made, and how the two relate.

7 min readPublished October 21, 2026Last updated October 21, 2026Edited by Joseph Budzinski, CTO, InjuryClaimGuide

The short answer

One crash can lead to two separate claims: one for damage to your vehicle or other property and one for your injuries. They are handled under different parts of a policy, and Texas sets separate minimum liability amounts for bodily injury and for property damage (Transp. Code §601.072). A property damage claim may be made with the other driver's insurer or, depending on your coverage, with your own insurer.

Introduction

One crash can lead to two different kinds of claims: a claim for damage to your vehicle or other property, and a claim for your injuries. They often involve the same insurers, but they are handled under different parts of a policy, with different limits and different paperwork. This guide explains what Texas law and the Texas Department of Insurance (TDI) say about each, and how the two relate.

This article provides general informational guidance and is not legal advice. The terms of each policy control what it covers, and your insurer can tell you what your own policy includes.

Two Kinds of Loss, Two Sets of Limits

Texas sets separate minimum liability amounts for injuries and for property damage. Under Transp. Code §601.072, the minimum amounts of motor vehicle liability coverage are:

$30,000 for bodily injury to or death of one person in one collision;
$60,000 for bodily injury to or death of two or more persons in one collision; and
$25,000 for damage to or destruction of property of others in one collision.

These are the minimums a policy must carry. They are not a measure of any injury or claim. A driver may carry higher limits, and some drivers carry no insurance at all. Because the limits are separate, payment for property damage comes from a different part of the at-fault driver's coverage than payment for injuries.

Where a Property Damage Claim Can Be Made

The Other Driver's Insurer

TDI says that if you think the other driver caused the crash, you can report it to the other driver's insurance company, and that their insurance should pay for your car repairs, medical bills and a rental car (TDI, Accident not your fault?). TDI also notes that you don't have a contract with the other driver's insurance, so you don't have the same options you would with your own company.

Your Own Collision Coverage

If you believe the other driver was at fault but that driver's insurer won't pay your claim, TDI says you can file a claim with your own insurance company. You must have collision coverage to do this, and you will have to pay a deductible. TDI says your insurer will probably try to collect from the other driver's company (TDI, Auto insurance guide).

Uninsured Motorist Property Damage Coverage

Texas uninsured or underinsured motorist (UM/UIM) coverage protects insureds who are legally entitled to recover from owners or operators of uninsured or underinsured motor vehicles for bodily injury and for property damage (Ins. Code §1952.101(a)). Property damage coverage under UM/UIM is subject to a $250 deductible (§1952.105(b)).

An insured who has both collision coverage and uninsured or underinsured property damage coverage may recover under the coverage the insured chooses. If neither coverage alone is enough for all the damage from one occurrence, the insured may recover under both, designating one as primary, and may not recover more than the actual damages suffered (§1952.107).

Whether you have collision coverage or UM/UIM, and at what limits and deductibles, is shown on your declarations page.

Repairs, Parts and Rental Cars

Choice of repair shop and parts. When an insurer resolves a liability claim a third party makes against its insured for property damage, it may not require the third-party claimant to have repairs made by a particular repair person or facility, or to use a particular brand, type, kind, age, vendor, supplier or condition of parts or products (Ins. Code §1952.301(b)).
Like kind and quality. TDI says the insurance company is only required to pay for parts of like kind and quality to those that were damaged, and does not have to pay for original parts from the manufacturer (TDI, Auto insurance guide).
Rental cars. TDI says that if another driver caused your crash, the other driver's insurance company will pay for you to rent a car for the time the company believes is reasonable for your car to be repaired, based on the estimated number of hours of labor, and that if the company totals your car, it might stop paying for the rental a few days after telling you (TDI, Auto insurance guide).
Total loss. TDI's page My car was totaled! Now what? explains how insurers decide whether a car is a total loss, and what you can do if you want to keep it.

Timelines: Your Own Insurer and the Other Driver's

Texas prompt payment rules in Insurance Code chapter 542, subchapter B, apply to a first-party claim, which is a claim made by an insured or policyholder under the policy that must be paid by the insurer directly to the insured (Ins. Code §542.051(2)). For those claims:

not later than the 15th day after receiving notice of a claim, the insurer must acknowledge receipt, commence any investigation, and request all items, statements and forms it reasonably believes will be required (§542.055(a));
the insurer generally must notify the claimant in writing of acceptance or rejection not later than the 15th business day after it receives all items, statements and forms it required, and must state the reasons if it rejects the claim (§542.056); and
after notifying the claimant that it will pay, the insurer generally must pay not later than the fifth business day after the notice (§542.057(a)).

TDI says the prompt payment law doesn't apply if another driver's insurance company is paying the claim, and that the company must still act in good faith and try to resolve the claim quickly and fairly (TDI, Auto insurance guide).

How the Two Claims Relate

Separate limits. As shown above, Texas sets separate minimum liability amounts for property damage and for bodily injury.
Releases. TDI says that when you are injured in a crash another driver caused, the other driver's insurance company will make an offer to cover your medical bills related to the accident and will ask you to sign a release stating that you won't file more claims for the accident, and suggests talking to your doctor about any future medical treatment you might need before you sign it (TDI, Auto insurance guide). What a release covers depends on its wording. Read any release before signing it, and if it mentions injuries, ask an attorney about it.
The same deadline. In Texas, a lawsuit for injury to the property of another and a lawsuit for personal injury generally must each be filed not later than two years after the day the cause of action accrues (CPRC §16.003(a)). The statute lists exceptions, and other rules can change the date. An attorney can tell you which deadlines apply to your situation.
Disputes. TDI says appraisal, a process for disputes about the amount of a claim, can be used only for disputes with your own insurance company, not with another person's insurance company. TDI also says it cannot decide who was at fault in an accident or determine damage amounts (TDI, Auto insurance guide).

What You Can Gather

While you think about your next steps, it can help to keep these in one place:

Photos of your vehicle, the other vehicles, license plates and the scene
Repair estimates, repair invoices, towing and storage receipts, and rental car receipts
Your auto policy's declarations page, showing your collision, UM/UIM and rental coverage and deductibles
Claim numbers and adjuster names for each claim, kept separately for the property damage claim and the injury claim
Medical bills and records, and records of missed work and pay
Any release or other document an insurer asks you to sign

About InjuryClaimGuide

InjuryClaimGuide is a legal advertising service. We are not a law firm and do not provide legal advice. We do not recommend or endorse any attorney, and we do not analyze the merits of any potential claim. Routing to participating firms is based on geography, practice area, language, and firm capacity.

Frequently Asked Questions

Is a property damage claim the same as an injury claim?

No. Texas sets separate minimum liability amounts for bodily injury and for property damage (Transp. Code §601.072), and the two are handled under different parts of a policy. What a release covers depends on its wording, so read any release before signing it, and ask an attorney if it mentions injuries.

Can the other driver's insurer require me to use its repair shop?

When an insurer resolves a third party's property damage claim against its insured, Ins. Code §1952.301(b) says it may not require the third-party claimant to use a particular repair person or facility, or a particular brand or kind of parts.

Is there a different deadline for a property damage lawsuit?

CPRC §16.003(a) sets the same general two-year period for a lawsuit for injury to the property of another and for personal injury, counted from the day the cause of action accrues. The statute lists exceptions, and an attorney can tell you which deadlines apply.

Can InjuryClaimGuide tell me what my vehicle claim or injury claim should pay?

No. InjuryClaimGuide is a legal advertising service, and we do not evaluate any claim. Your insurer can explain your policy, and an attorney can advise you about your specific situation.

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