You can file a complaint with the Texas Department of Insurance online or by calling 800-252-3439, and TDI will ask the company to respond. It works best against your own insurer; TDI says it probably cannot help when the other driver's insurer will not accept liability, and it does not decide fault. Owsley Law Firm can tell you whether a complaint, a demand, or a lawsuit fits your situation.
When an insurance company stops returning calls, ignores documents, or denies a claim without a clear reason, many Texans do not know there is a regulator they can go to. The Texas Department of Insurance takes complaints against the companies, agents, and adjusters it regulates.
A complaint is not a lawsuit and it will not decide your injury case. But used at the right time, against the right company, it can get a stalled claim moving and create a record of how the claim was handled. This guide explains how the process works and its limits.
When should I file a complaint with TDI?
When your own insurer is delaying, ignoring, or denying a claim without a reasonable explanation, or when an insurer pressures you on repairs.
TDI's complaint process is aimed at whether a regulated company is following the law and its policy. That fits first-party problems best: a PIP claim that has not been paid, a UM claim that sits for months, a collision payout that ignores documented damage, or an unexplained denial.
TDI says it probably cannot help if you are in an accident and the other driver's insurance company will not accept liability. Fault disputes with the other insurer are resolved through evidence and, if necessary, a lawsuit against the driver.
How do I file a complaint?
Online through TDI's complaint system, with your documents attached. You can also call TDI's help line at 800-252-3439.
TDI suggests trying to resolve the issue with the company first, and using appraisal if your policy provides it and the dispute is about the amount of a loss. If that does not work, file the complaint and upload supporting documents.
- Your name, policy or claim number, and the company and adjuster involved
- A short timeline: date of loss, date reported, dates of each request and response
- What you are asking for: a decision, a payment, an explanation
- Copies of letters, emails, estimates, photos, and denial notices
- Any policy language the company relied on
What happens after I file?
TDI contacts the company and asks for a response, then reviews it and explains it to you.
According to TDI's auto complaint guidance, companies have 15 days to respond to TDI and can ask for a 10-day extension. TDI then reviews the response and tells you what it means for your complaint.
TDI says it can ask a company to justify a payment amount or review a denial to make sure the coverage decision was correct.
Which laws does TDI look at?
Mainly the Insurance Code's claim handling rules and your policy terms.
For your own insurer, Insurance Code chapter 542 sets deadlines: acknowledge and begin investigating within 15 days of notice (section 542.055), accept or reject within 15 business days after receiving what it requested (section 542.056), and pay within 5 business days of accepting (section 542.057). Section 542.003 lists unfair claim settlement practices, such as failing to attempt in good faith to settle a claim when liability is reasonably clear.
Repair rights are also covered. Insurance Code section 1952.306 specifically allows a policyholder, a third-party claimant, or a repair shop to file a written complaint with TDI about violations of the repair shop and parts rules.
Does a TDI complaint replace a lawsuit?
No. TDI cannot award you damages, and filing a complaint does not stop any legal deadline.
The deadline to sue the at-fault driver is generally two years under Civil Practice and Remedies Code section 16.003, and claims against your own insurer under chapter 541 generally must be brought within two years (section 541.162). A pending complaint does not pause either.
Private remedies are separate. Against your own insurer, chapter 542 adds 18 percent interest and attorney's fees for prompt payment violations (section 542.060), and chapter 541 allows damages for unfair settlement practices (section 541.152). Those are pursued in court, not through TDI.
Can a complaint hurt my claim?
Not by itself, but what you write becomes part of the record, so keep it factual.
Stick to dates, documents, and what you are asking for. Avoid describing your injuries in ways that could be read as minimizing them, and avoid guessing about how the crash happened.
If you have a lawyer, coordinate first. In some cases a complaint is a useful step; in others, a formal demand or a lawsuit is the better path, and the complaint adds little.
What TDI can and cannot do
| TDI can | TDI cannot |
|---|---|
| Contact the company and require a response to your complaint | Decide who was at fault in a crash |
| Check whether the company followed the law and your policy | Make a company pay more than your policy allows |
| Ask the company to justify a payment amount or reconsider a denial | Help with complaints about body shops or other service providers |
| Explain the company's response to you | Act as your lawyer or file suit for you |
What evidence proves it
- Policy and claim numbers
- A timeline of every contact with the insurer
- Copies of every letter, email, and denial
- Estimates, invoices, and photos
- Proof of when you sent documents the insurer requested
- The policy pages the insurer cited
Mistakes that cost people money
- Filing against the other driver's insurer over a fault dispute TDI cannot decide
- Treating the complaint as a substitute for a lawsuit
- Letting the two-year deadline pass while a complaint is pending
- Leaving out documents that prove the timeline
- Writing an emotional narrative instead of a factual one
Frequently asked questions
Do I need a lawyer to file a TDI complaint?
No. Consumers file directly through TDI's online complaint system. A lawyer can help decide whether a complaint is the right step for an injury claim.
Can TDI make the insurance company pay my claim?
TDI can make sure the company follows the law and your policy, but it cannot make a company pay more than the policy allows, and it does not decide fault.
Can I complain about the other driver's insurance company?
You can contact TDI, but TDI says it probably cannot help if the other driver's insurer will not accept liability. Repair shop steering by any insurer is a specific exception under section 1952.306.
How long does a TDI complaint take?
Companies have 15 days to respond to TDI and can request a 10-day extension. TDI then reviews and explains the response.
Will the insurer know I complained?
Yes. TDI sends the complaint to the company and asks it to respond.
Should I talk to a lawyer before filing?
If you were injured, yes. A free review with Owsley Law Firm can tell you whether a complaint, a demand, or a lawsuit is the right next step.
This page is general information about Texas law and is not legal or medical advice. Every case depends on its own facts. Contact the firm for a free review of yours.
Keep reading
Car Accident Claim Denied in Texas: What to Do
First-Party vs. Third-Party Claims in Texas
Can I sue my own insurance company in Texas?
What if the insurance company denies my car accident claim?
Car Repairs and Rental Cars After a Texas Crash
