Questions on this page
When should I tell my own insurer?
Notify the insurer promptly under the policy’s requirements. Do not wait for the other driver to admit fault, for treatment to end or for a decision about hiring a lawyer. A report preserves an opportunity to investigate; it is not an admission that you caused the wreck.
Use a verified contact method and record when notice was given. Identify the date, location, people and vehicles, the losses known so far and any demand made against you. Be clear about information you do not yet have. Ask for the claim number, a copy of the full applicable policy and the next required step. OPIC: first-party claims.
If someone sues you, send the papers to the relevant insurer immediately and get advice about the court response deadline. A previously opened claim does not prove the insurer has received the lawsuit.
Notify
Report promptly through a verified channel and keep the claim number.
Identify
Ask which policy provision, record or inspection the request concerns.
Document
Keep the request, your response and any confirmed extension or arrangement.
What documents or inspection may my policy require?
Read the duties-after-loss provisions and the written request. Depending on the coverage and policy, requests may concern proof of loss, photographs, estimates, records, an inspection, an interview or an examination under oath. Ask the insurer to identify the provision it relies on and what remains outstanding.
Do not hide, destroy or materially change evidence while deciding how to respond. If the vehicle must be moved for safety or storage charges are accumulating, document its condition and coordinate a reasonable opportunity for inspection promptly. Preserve removed parts when relevant and practical. Saving your evidence, finding other evidence and towing and storage address evidence and vehicle preservation.
Cooperating does not require guessing or pretending a request is clear. Ask about the purpose and scope. If treatment, disability, language needs or missing documents make the proposed date impractical, request an appropriate arrangement and written confirmation. Asking for an extension does not itself extend the deadline.
What if I missed a request or reported late?
Address it now. Save the request, explain accurately when you learned of it and ask what is needed to move forward. Obtain the insurer’s position in writing, including any claimed effect on coverage.
Do not assume a missed request automatically defeats coverage. Do not assume it is harmless either. The policy, type of obligation, timing, surrounding facts and governing law can change the result. A reservation-of-rights letter or threatened denial deserves prompt review with the full policy and correspondence. Trying to solve the problem is more useful than avoiding the next call.
What if my insurer is also handling someone else’s claim against me?
Identify both roles. Your company might investigate your collision claim while also defending or resolving the other driver’s claim against you. It might insure both drivers; this guide’s same-insurer explanation shows why the policies and claim files still need to stay separate. Ask which claim, insured and coverage the person is addressing before a substantive interview.
Send demands and legal papers promptly. Ask whether a lawyer has been assigned to defend you and how to contact that lawyer. If there is a coverage reservation, a demand beyond policy limits or a concern that the insurer’s interests differ from yours, ask about independent legal advice. A company handling a claim against you is not necessarily pursuing your own injury claim.
Could reporting or using my coverage affect my premium or renewal?
It can be relevant, but “your rates will definitely go up” and “this can never affect your policy” are both too broad. Ask what action the insurer proposes, the stated reason and the information it used.
Texas law limits certain uses of claims history and certain cancellation or nonrenewal decisions. The 2026 Auto Bill of Rights says an insurer cannot change a premium solely because of a claim that is not paid or payable under the policy. It also describes limits on cancellation after the initial 60 days and protections involving certain not-at-fault claims. Those protections do not promise an unchanged price or unrestricted renewal in every situation. TDI: 2026 personal-auto rights.
How are rate changes, surcharges, cancellation and nonrenewal different?
Keep four different decisions separate:
- A rate change changes the price charged for coverage and may reflect broader pricing changes.
- A surcharge is a charge associated with a rating factor, such as a particular accident classification.
- Cancellation ends or restricts coverage during the policy period.
- Nonrenewal means the company will not continue the policy at the applicable renewal point.
If a notice arrives, preserve it and the envelope or electronic delivery information. Check the effective date and obtain the specific reason. Texas law generally requires at least 60 days’ notice of nonrenewal for covered personal-auto policies; special rules address noncooperation with a third-party liability investigation. Do not ignore a written cooperation warning. Insurance Code §§551.105–.106.
What if a claim has been coded inaccurately in my loss history?
Ask the insurer what it reported and request correction of the specific error. Supply the claim number and evidence showing the inaccurate date, vehicle, payment, fault classification or other entry. Keep the correction request and the response.
You can also obtain your consumer claims-history report and dispute inaccurate information with the reporting company. TDI identifies LexisNexis as the contact for a CLUE report and for disputes or explanatory statements. Correcting the insurer’s file and correcting a consumer report may require separate follow-through. TDI: understanding and disputing CLUE information.
Attorney reviewed by Jacob Alford · November 11, 2026
Disclaimer
Jacob Alford, a Texas personal injury lawyer, and Injured Texan PLLC at InjuredTexan.com provide this guide for general information, not legal advice about your particular claim. You are specifically warned about the dangers of attempting to handle a claim yourself.
In Jacobsen v. Allstate, the Court described Allstate’s own internal research that being represented (having a lawyer) meant a claim typically settled for 2–3 times as much. Allstate’s own research also showed that having a lawyer could multiply a recovery perhaps up to 5 times.
The Court documented the internal workings of Allstate’s training for its adjusters and showed just how rigged talking to Big Insurance can be. Read Allstate’s script and judge for yourself: Inside the Insurance Playbook: Jacobsen v. Allstate.
A recorded statement is designed to be used against you, and a verbal settlement can give up valuable rights. Get advice before a voluntary recorded interview or accepting an offer.
You do not need to decide whether to hire a lawyer before asking questions. Jacob Alford and Injured Texan PLLC at InjuredTexan.com offer a free, no-obligation discussion of the process, even if you do not want to hire a lawyer: 210-512-2222. Before you settle, make the free call.

