Questions & answers · Car insurance
The accident was not my fault. How do I claim with the other driver's insurance?
Car insuranceHow to fileTexasChecked Nov 5, 2026
From K.Actuary, founded by Sangmin Kwon, ASA · sources checked 2026-11-05 · Source: TDI View original ↗
In short
- File with the other driver's insurer, and tell your own insurer too.
- Send them the police report if police came.
- If they say no, ask for the reason in writing.
What this means
TDI's steps: at the scene, take a picture of the other driver's insurance card and driver's license (or get their name, phone number, insurance company and policy number) and give them your information. Then file a claim with the other driver's car insurance, let your own company know, and if police responded, get the report and send it to the other insurance company [1].
TDI notes that you do not have a contract with the other driver's insurer, so you don't have the same options you would with your own company. The other insurer might say its driver wasn't at fault, say both drivers were at fault, say its driver doesn't have enough insurance, or not respond [1].
If the other insurer says it won't pay, TDI says to ask for the reason in detail and in writing [1].
Your next step
if the other insurer does not pay, TDI says your next option is a claim with your own car insurance. TDI's page does not state a deadline for the other driver's insurer; it says Texas's claim deadlines don't apply when another driver's insurance is paying, but the company must try to settle your claim quickly and fairly [2].
Where this comes from (2)
[1] TDI · checked 2026-11-05
At the accident scene, take a picture of the other driver's insurance card and driver's license. … When you get home, file a claim with the other driver's car insurance. Let your insurance company know. If police responded to the accident, get a copy of the report. Send it to the other insurance company. … The other driver's insurance company might: Say their driver wasn't at fault and refuse to pay you. Say both dri…
[2] TDI · checked 2026-11-05
The deadlines on this page don't apply if another driver's insurance is paying the claim. But the insurance company must try to settle your claim quickly and fairly.
How we found this
We matched your question to 2 official sources, quoted the exact lines, and re-checked each quote against its source on 2026-11-05.
What we don’t know yet
Your own plan or notice may say something different. If your letter cites another rule, send it and we will look again.
Every answer is checked against the official rule it quotes.
Information only — not legal advice. Your plan, insurer or agency decides.
This answer quotes the official sources listed above, with the date we checked them. Your own policy, notice and state rules control. We are not your lawyer or your insurer. We don’t file, argue or negotiate claims for you — you send any letter or form yourself.
Related answers
- How do I file a car insurance claim after an accident, and what should I keep?
- In Virginia, how fast must the other driver's insurance company respond after I report my car damage claim?
- A driver hit my car in Texas. What information must the other driver give me, and what should I get at the scene?
- My car was stolen. How do I file an insurance claim?
Answer id CQ06. Spotted an error? Tell us.