Guides ›
If your car was totaled in Texas and the offer looks low, Texas regulators publish practical advice, and Texas law requires personal auto policies to include an appraisal process for disputed amounts. Here's how the pieces fit together.
The Texas Department of Insurance (TDI) says you can ask the insurance company what source it used to decide your car's value [1]. Ask for the full valuation report, including every comparable vehicle and adjustment, in writing. The Office of Public Insurance Counsel (OPIC) recommends asking how the value was determined and checking that options, mileage, condition and deductions are correct [2].
TDI suggests getting quotes from used-car dealers, looking at prices and local ads for similar vehicles, and documenting special features or custom parts [1]. The best evidence is close matches: same year, trim and drivetrain, similar mileage, near where you live. Save each listing with date, price, mileage, VIN and seller. Check the insurer's report for the usual problems in our valuation errors guide.
OPIC says that if you can't agree on the value, you can ask to speak to a claims supervisor or request appraisal [2]. Texas Insurance Code Chapter 1813 requires personal auto policies delivered, issued or renewed in Texas to contain an appraisal provision, intended solely to determine the amount of loss when it's disputed, and the amount determined is generally binding on both sides [3]. Read the appraisal section of your policy for the exact steps and costs, and see our appraisal clause guide.
OPIC notes you can file a complaint with TDI if you think the company treated you unfairly [2]. TDI accepts auto insurance complaints online [4], and its consumer help line is 800-252-3439 [1]. Include your claim number, the valuation report, your written dispute and the insurer's response.
Tell the insurer as soon as possible. TDI explains the insurer will subtract the car's salvage value from the payment, and the car may get a salvage title; after repair you'll need a new title from the Texas DMV before driving it [1].
If the other driver's insurer is paying, you're not a party to their policy, so their appraisal clause usually doesn't apply to you. Your options are negotiating with evidence, using your own collision coverage, a complaint, or small claims or an attorney. If a lot of money is at stake, talk to a licensed Texas attorney.
TotaledRight's free error check reads your insurer's valuation report and flags common problems. The full report ($49) adds local comparables, a value range and a ready-to-send letter. Run the free error check.
TotaledRight is not a law firm, appraiser or public adjuster. This guide summarizes public sources as of the review date; laws and regulations change. Check your own policy and your state insurance department.