How to File a Motorcycle Accident Claim in Texas

You were riding home on I-35 when another driver cut across your lane and sent you down. Now you are dealing with a wrecked bike, a hospital bill, and an insurance company that has already left two voicemails asking for a recorded statement.

You have rights in this situation. You also have deadlines. Knowing both is how you protect yourself.

Steps to Take Right After the Crash

The actions you take in the first 24 to 48 hours after a motorcycle crash shape the strength of every step that follows.

• Step 1: Get to safety and call 911. Move out of traffic if you can do so without making your injuries worse. Ask the dispatcher to send police as well as an ambulance. A police report is the official record of the crash. Without it, the insurer’s version of events carries more weight.
• Step 2: Seek medical attention immediately. Even when you feel fine, go. Internal injuries and soft tissue damage often do not surface for hours or days. Every gap between the crash and your first treatment visit is a gap an adjuster will use to argue that your injuries were not caused by the accident.
• Step 3: Document the scene. Take photos from multiple angles: vehicle damage, skid marks, road conditions, traffic signs, and any visible injuries. If witnesses are present, get their names and phone numbers before anyone leaves.
• Step 4: Exchange information. Get the other driver’s name, license number, license plate, insurance company, and policy number. If there are multiple vehicles involved, get these things from every driver.
• Step 5: Do not discuss fault. Do not apologize. Do not speculate about what caused the crash. Do not give a recorded statement to any insurance company at the scene or in the days immediately following. You are not required to provide a recorded statement to the other driver’s insurer. Speak with an attorney before doing so.

You can also learn more about how motorcycle accident cases develop in Texas and what you can expect.

Filing Your Claim with the Insurance Company

Filing a claim is not the same as filing a lawsuit. A claim is a formal request for compensation submitted to an insurance company. A lawsuit is filed in court. Most cases are resolved at the claim stage.

Texas is an at-fault state. That means you file your claim with the insurance company of the driver who caused the crash. If that driver has no insurance or not enough insurance, you file under your own Uninsured Motorist or Underinsured Motorist (UM/UIM) coverage.

Report the accident to your own insurer as well, even if the other driver was fully at fault. Most policies require prompt notice of any accident. Failing to report can affect your ability to use UM/UIM coverage later.

Once you file, Texas law sets firm deadlines for how the insurer must respond. Under Texas Insurance Code Chapter 542, the insurer must acknowledge receipt of your claim within 15 calendar days. After you provide all required documentation, the insurer has 15 business days to accept or reject the claim.

Once the insurer accepts, it must pay within 5 business days. Insurers who miss the payment deadline owe an 18% per annum penalty on the unpaid amount, plus attorney fees.

Those deadlines exist because of you. When an insurer drags its feet without reason, there are legal consequences. An attorney can monitor compliance with Chapter 542 and take action when those deadlines are missed.

For context on how long the full settlement process typically takes, review Texas insurance settlement timelines.

How Texas Fault Rules Affect Your Claim

Before you accept any offer, you need to understand how Texas handles shared fault, because insurers will use this rule to reduce what they owe you.

Texas uses a proportionate responsibility system under the Texas Civil Practice and Remedies Code (CPRC) Chapter 33. The rule is straightforward: if your share of fault exceeds 50%, you cannot recover any compensation. If your fault is 50% or below, you can recover compensation, but your award is reduced by your percentage of responsibility.

A rider found 25% at fault for a crash recovers 75% of their total damages. A rider found 51% at fault recovers nothing.

Adjusters know this rule and they use it. Motorcyclists face a bias in fault assessments. An adjuster may assign higher fault to a rider based on assumptions about speed or lane position, even without concrete evidence. Solid documentation, witness statements, and accident reconstruction work directly counter those assumptions.

For a closer look at how settlements are calculated once fault percentages are established, review how motorcycle accident settlements work in Texas.

The Two-Year Deadline to File a Lawsuit

Most claims settle without a lawsuit. But if negotiations fail, you need the option to sue. That option has a deadline.

Under Texas Civil Practice and Remedies Code (CPRC) § 16.003, you have two years from the date of the accident to file a personal injury lawsuit. Miss that deadline and you almost certainly lose the right to sue, regardless of how strong your case is.

A few narrow exceptions exist. A minor’s two-year clock does not start until they turn 18. A claimant who is legally incapacitated may get additional time. These exceptions are rare and the conditions for qualifying are specific.

Do not count on having the full two years before you need to act. Evidence disappears. Witnesses move. Medical records become harder to obtain. Starting the process early gives your claim the best foundation.

For a detailed breakdown of injury lawsuit deadlines in Texas, check out how long you have to file an injury lawsuit.

Get Legal Help for Your Motorcycle Claim

Motorcycle accident claims move through a process most riders have never dealt with before. The insurer has handled thousands of claims. You are handling your first.

Angel Reyes & Associates has spent over 30 years helping injured Texans work through that process. We work on contingency, meaning you pay nothing unless we recover compensation for you.

Free consultations are available, and we can handle most of your case remotely so your recovery is not disrupted by office visits. You can also review our testimonials from former clients to get a sense of how we approach these cases.

If you have been in a motorcycle crash, contact us to review your options. We’re available 24/7 to take your call.

Past results do not guarantee future outcomes.