A truck accident claim is a request for compensation made to the trucking company's liability insurer. In Texas it usually moves through seven stages: medical care and the police report, identifying the carrier and insurer, notifying insurers, preserving evidence, documenting damages, a demand, and negotiation or a lawsuit. A lawsuit must generally be filed within two years of the crash.
Step 1: Medical care and the police report
Get checked the same day, and follow through on treatment. Gaps in treatment are one of the most common reasons insurers reduce offers. Make sure police respond and write a Texas Peace Officer's Crash Report (CR-3), then order it once it's available with the crash report finder.
Step 2: Identify the trucking company and its insurer
The truck's USDOT number is on both cab doors and on the CR-3. Look it up in the DOT number lookup to confirm the carrier's legal name and address and see its insurance filings. The truck, trailer and freight may belong to different companies, so note every name and number. See how to find a trucking company's insurance.
Step 3: Notify the insurers
- Report the crash to your own insurer promptly, as your policy requires.
- Open a claim with the trucking company's insurer. You can give basic facts, but you don't have to give a recorded statement, and it's wise not to discuss fault or your injuries in detail before you know their extent. See dealing with trucking insurers.
- Texas is an "at-fault" state: the insurer of the person responsible pays. Your own Personal Injury Protection (PIP) coverage, if you have it, can pay early medical bills and lost wages regardless of fault.
Step 4: Preserve the evidence
Trucking companies hold the most important evidence: ELD hours-of-service data, engine control module (black box) data, dashcam video, driver qualification files, drug test results and maintenance records. Some of it can be overwritten within weeks. A preservation (spoliation) letter puts the company on notice to keep it. Also keep your own photos, damaged property, and witness contacts.
Step 5: Document your damages
| Category | Documents |
|---|---|
| Medical expenses | Bills and records from every provider, prescriptions, therapy, mileage to appointments |
| Lost income | Pay stubs, tax returns, employer letter confirming time missed |
| Property damage | Repair estimates or total-loss valuation, rental car receipts |
| Pain and suffering | A journal of pain, limitations and missed activities; statements from family |
| Future costs | Doctors' opinions on future treatment and work restrictions |
The free claim cost worksheet helps you total these by category. Texas damages are explained in truck accident damages in Texas.
Step 6: The demand package
Once treatment is complete, or the long-term outlook is clear, a demand letter is sent to the insurer with the medical records, bills, wage proof and an explanation of why the trucking company is responsible. In Texas, a demand within policy limits that meets certain conditions (a "Stowers demand") can expose the insurer to liability beyond the limits if it unreasonably refuses.
Step 7: Negotiation, or a lawsuit
Insurers usually respond with a lower counteroffer, and several rounds of negotiation are normal. If the claim doesn't settle, a lawsuit must be filed before the deadline in CPRC §16.003, which is generally two years. Claims against a city, county or state vehicle have much shorter notice deadlines. Use the deadline calculator. Most filed cases still settle, often at mediation. See settle or go to trial?
Typical timeline
| Stage | Typical timing |
|---|---|
| Crash report available | About 10 days or more after the crash |
| Evidence preservation letter | As soon as possible, ideally within days |
| Medical treatment | Weeks to many months, depending on injuries |
| Demand and negotiation | Often 1–3 months after the demand |
| Lawsuit, if filed | Commonly 1–3 years to resolve |
Every claim is different. Shared fault can reduce or bar recovery under Texas's 51% rule, and settlement value depends on injuries, evidence and insurance limits. See what affects truck accident settlements.