Should I Claim It?

No rate rise for an unpaid claim

Texas car accident insurance laws

Written by Todd Whittington, EditorLast reviewed Verified 2026-10-19

What an at-fault accident costs with each insurer

Here is what each large insurer's rate typically does after one at-fault accident, and whether it offers accident forgiveness in Texas.

InsurerTypical rise after one at-fault accident industry_typicalHow long industry_typicalAccident forgiveness in Texas carrier_guidance
State Farm29%3 yearsNo product foundNo State Farm accident forgiveness product page was found (statefarm.com/insurance/auto/accident-forgiveness returns 404). State Farm advises checking whether your policy includes any forgiveness feature.
Progressive50%3 yearsYesFree Small Accident Forgiveness (first claim of about $500 or less) and free Large Accident Forgiveness (5+ years as a customer, accident- and violation-free) through Loyalty Rewards; a paid add-on forgives one accident per policy period. Paid add-on not available in all states.
GEICO74%3 yearsYesGEICO Claim Forgiveness waives the surcharge for the first qualifying at-fault loss, per policy (not per driver). Earned free after 5 years accident-free (may not apply under 21), or purchased.
Allstate56%3 yearsSome states; askAllstate says forgiveness is not available in every state and does not name them; confirm it for Texas.
USAA42%3 yearsSome states; askUSAA says forgiveness is not available in every state and does not name them; confirm it for Texas.
Nationwide59%3 yearsYesNationwide lists Accident Forgiveness as an optional coverage on its Texas page.
Farmers50%3 yearsYesOptional paid Accident Forgiveness on Farmers Flex Personal and Smart Plan Automobile policies forgives one at-fault accident every 3 years; Flex customers are offered it free after 36 continuous months.
Liberty Mutual49%National average; Liberty Mutual isn't in the source table.3 yearsYesOptional Accident Forgiveness: your price won't go up because of your first accident. Requires 5 years accident- and violation-free (5 consecutive clean years for drivers 25 and under); new customers only per the footnote. Cost not stated.
Other / not sure49%3 yearsAsk your insurerAsk whether your policy has accident forgiveness and whether you qualify.

industry_typical: the rise is computed from NerdWallet's national table of full-coverage rates (one at-fault accident with $10,000 of property damage), not from a Texas rate filing; we have not read any insurer's Texas filing yet. The length is the 3-year floor NerdWallet states. carrier_guidance: each insurer's own website, read October 19, 2026; the insurer name links to the page we read. NerdWallet source.

How long an accident affects your rate in Texas

No statutory limit in Texas; carriers typically use 3 years. No Texas statute or insurance rule we found caps how long an at-fault accident can raise your rate. Industry sources say a rate increase lasts at least three years, and some insurers look back five. industry_typical

“An at-fault accident can increase your auto insurance rates for at least three years, depending on your state and insurer.” — NerdWallet

Texas law does not limit how long an insurer can charge more for an at-fault crash. Insurers file their own rates and rating manuals with the Texas Department of Insurance. The only 3-year surcharge cap in the auto law is for DWI-type convictions.

“shall assess a premium surcharge in an amount as stated in the insurer's rating plan against an insured for no more than three years immediately following” — Tex. Ins. Code § 1953.052(a)

Your rate is only one of three records. The others:

“List of crashes (if a ticket was received), and all moving violations for three years from date of offense.” — Texas DPS, How to Order a Driver Record (Type 2, 3-year history)

More on all three: how long an accident stays on your record.

Does Texas limit accident rate increases?

Texas has no law that limits accident rate increases: no not-at-fault rule, no dollar floor, and no time limit. No Texas statute or rule bars surcharging a not-at-fault accident, sets a dollar threshold, or caps the years. Tex. Ins. Code § 1953.051(b) bars raising premiums solely for a claim that was not paid or payable, and 28 TAC § 5.7016 limits non-renewal (not surcharges) for not-at-fault claims.

Does Texas regulate accident forgiveness?

Texas does not regulate accident forgiveness programs directly. Insurers must file their rates and rating manuals with the state. You can ask the insurance commissioner for a hearing on a filing that harms you, and insurers must give you a Consumer Bill of Rights.

“An insured who is aggrieved with respect to any filing under this chapter that is in effect, or the public insurance counsel,” — Tex. Ins. Code § 2251.105(a)
“An insurer may use a rate filed under this subchapter on and after the date the rate is filed.” — Tex. Ins. Code § 2251.101(a)
“All insurers writing personal automobile insurance policies must provide with each new policy of personal automobile insurance a copy of the 2024 version of the Auto Bill of Rights.” — 28 TAC § 5.9970(c)

How forgiveness works, and its catches: our accident forgiveness guide.

When you must report a crash in Texas

To the police

In Texas, you must call the police right away if anyone is hurt or killed, or if a car is too damaged to drive safely. Call city police inside a city, or the sheriff or nearest DPS office outside one.

“damage to a vehicle to the extent that it cannot be normally and safely driven shall immediately by the quickest means of communication give notice of the collision” — Tex. Transp. Code § 550.026(a)

To the state

Texas no longer requires drivers to file their own crash report with the state. The old driver report rule (the CR-2 'blue form') was repealed on September 1, 2017. Some cities can still require a local report.

“228.201(b), 550.061, and 601.004, Transportation Code.” — Acts 2017, 85th Leg., R.S., ch. 533 (S.B. 312), § 74 (repealing Tex. Transp. Code §§ 550.061 and 601.004), eff. Sept. 1, 2017
“former Section 550.061 or 601.004 before September 1, 2017” — Tex. Transp. Code § 550.065(a)(1)(B)
“Effective Sept. 1, 2017, per the 85th Texas Legislature Senate Bill 312, the Driver's Crash Report (Form CR-2) is no longer retained by TxDOT.” — TxDOT, Crash reports and records
“A municipality by ordinance may require the operator of a vehicle involved in a collision to file with a designated municipal department” — Tex. Transp. Code § 550.067(a)

Reporting an accident is not the same as filing a claim

Reporting to the police or the state is the law. Telling your insurer about a crash is a condition of your policy: auto policies generally require prompt notice of an accident, even if you never ask them to pay. Filing a claim means asking your insurer to pay for damage. You can report a crash and still pay for your own repair. Not telling your insurer at all can backfire: if the other driver files against you later, your insurer can point to the notice clause.

“If you are involved in an auto accident, you should promptly report it to your insurance company, as well as to the local police department.” — New York Department of Financial Services, Filing Claims Under Your Own Policy

In Texas, an insurer's rating plan can't raise your auto premium just because you asked a question or filed a claim that was not paid or payable under your policy.

“(B) a claim filed by an insured under a personal automobile insurance policy that is not paid or payable under the policy” — Tex. Ins. Code § 1953.051(b)
“(A) a consumer inquiry, as defined by Section 544.551, made by an applicant or insured” — Tex. Ins. Code § 1953.051(b)(1)(A)
“An insurer may not consider a customer inquiry as a basis for nonrenewal or cancellation of an insurance policy.” — Tex. Ins. Code § 551.113(b-1)

If the other driver was at fault

If the other driver caused the crash, you may also be owed your car's lost resale value after the repair. Texas diminished value rules cover who pays, the deadline and what happens if you were partly at fault.

What this means when you're deciding

  1. Call the police right away if anyone is hurt or a car can't be driven safely. You no longer file your own crash report with the state (that ended in 2017), though some cities still require one.
  2. Asking isn't claiming. In Texas, an insurer can't raise your rate solely because you asked a question or filed a claim it didn't pay. Call and ask how a claim would affect your rate before you decide.
  3. You caused it? Texas doesn't limit the size or length of an accident surcharge. Ask your insurer how many years it uses, then compare that with the repair bill.
  4. No insurance? After a crash with injury or $1,000 or more in damage, the state can suspend your license and registration unless you post security.
  5. The other driver at fault? Claim against their insurer, and check whether your car lost resale value.

Your fault, or not sure? File a claim or pay the shop?

The collision calculator weighs what a claim pays after your deductible against what the accident adds to your premium, with your state's rules.

Run the collision calculator →

Not your fault? Check what your car lost in value.

The diminished value calculator runs the insurer's formula on your car and says whether a claim is worth your time.

Run the diminished value calculator →

Other states

Sources

We read every cited source on October 19, 2026. We cite statutes, regulations and official state pages, not law-firm or comparison-site summaries. Anything we could not check against a primary source is marked "Not verified". Data: accident-state-rules.json.

More Texas rules