The deadline to sue and the deadline to tell your insurer are not the same

Generally two years for an injury caused by someone else’s wrongful act or carelessness.

Three years for damage to a vehicle or other personal property.

Two years from the day the claim arises. For most crashes and falls that is the day of the injury.

Two years for damage to a vehicle or other property.

Three years for most injury claims.

Three years for damage to a vehicle or other personal property.

Outside life, marine and fire insurance, notice of an accident, injury or death may be given to the insurer within 20 days after the event. A policy cannot require notice in a shorter time.

Except where the policy specifies a time limit, an insurer may not require a first party claimant to give notification of a claim or proof of claim within a specified time.

A delay in giving the insurer notice or proof of loss is waived if the insurer’s own act caused it, or if the insurer does not object promptly and specifically on that ground.

A contract term that requires a claimant to give notice of a claim for damages as a condition of the right to sue on the contract is not valid unless it is reasonable. A term that requires notice in less than 90 days is void.

Except where the policy specifies a time limit, an insurer may not make statements, written or otherwise, that require a claimant to give written notice of loss or proof of loss within a specified time and that seek to relieve the company of its obligations if the time limit is not met, unless the failure to comply prejudices the insurer’s rights. The sentence reads the same before and after the October 18, 2026 amendments.

An insurer must acknowledge a notice of claim within 15 calendar days and begin any necessary investigation. It must also answer, within 15 calendar days, a claimant’s communication that reasonably suggests a response is expected.

After it receives proof of claim, an insurer must accept or deny the claim, in whole or in part, within 40 calendar days. If it needs more time, it must say so in writing within that period and again every 30 calendar days. An insurer that denies a third party claim, or disputes liability or damages, must do so in writing. The regulation lists exceptions.

Once an insurer accepts a claim in whole or in part and, where one is needed, receives a signed release, it must pay within 30 calendar days, with listed exceptions.

Texas’s prompt payment deadlines apply to first party claims only. A first party claim is one made by an insured, a policyholder or a beneficiary named in the policy, which the insurer must pay directly to that person.

For those first party claims, the insurer has 15 days after it receives notice of the claim to acknowledge it and begin any investigation. It has 15 business days to accept or reject the claim in writing once it has all the items, statements and forms it required. It has 5 business days to pay after it gives notice that it will pay. The statute sets longer periods for some insurers and situations.

Until October 18, 2026: within ten working days after receiving notification of a claim under an individual insurance policy, the insurer must acknowledge its receipt of the notice of claim. Effective October 18, 2026: within 10 business days.

Until October 18, 2026: every insurer must complete its investigation of a claim within thirty days after notification of claim, unless the investigation cannot reasonably be completed within that time. Effective October 18, 2026: the period is 30 calendar days, and an insurer that needs more time must tell the claimant the reasons in writing and give further written notice every 30 days.

This rule covers first party claimants only. Until October 18, 2026: within fifteen working days after the insurer receives fully completed and executed proofs of loss, it must notify the first party claimant whether the claim has been accepted or denied. Effective October 18, 2026: within 30 calendar days after the insurer receives a notification of claim.

Unless a statute, rule or contract sets another time, an insurer’s procedures must be designed to deliver payment of a settled claim within 15 business days after the insurer or its attorney receives properly executed releases or other settlement documents. The period is the same before and after October 18, 2026.