By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Dealing with an insurance company?
Leave your name and phone. We call back today, in English or Spanish. The consultation is free and confidential.
Free consultation · English y Español · No fees or costs unless we win
Beverly Law is not affiliated with USAA.
Who joins USAA and which company is on the policy
USAA is a membership organization. It says separated military personnel must have received a discharge of Honorable or General Under Honorable Conditions to join, that eligible family members may also join, and that membership is free (USAA).
The parent, United Services Automobile Association, is described in a 2023 Texas Department of Insurance order as a domestic reciprocal interinsurance exchange. The same order names three USAA fire and casualty companies, Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company and USAA General Indemnity Company, at 9800 Fredericksburg Road in San Antonio (TDI Order 2023-8004). In that order the companies agreed, without admitting a violation, to a $45,000 penalty over using an applicant’s lack of prior insurance to set auto rates. Check which name appears on your claim letters.
If a USAA member caused the crash
USAA says that if you don’t have USAA auto insurance but were in an accident with a member, you can still file through its third-party claim option. USAA points claimants to usaa.com and its mobile app, and its general help line is 800-531-8722. USAA lists four steps: you report the claim, USAA gathers details, it evaluates payment based on coverage, deductible and who is responsible, and it pays you or a third party if the claim is covered (USAA auto claims).
What the law requires of USAA depends on the state:
California
California’s claims regulations protect third-party claimants (10 CCR 2695.2(c)). USAA must acknowledge your claim within 15 calendar days, and must give a complete answer within 15 calendar days to any letter from you that reasonably calls for a reply (10 CCR 2695.5(b), (e)). It must accept or deny within 40 days of proof of claim, or explain in writing every 30 days why it needs more time (10 CCR 2695.7(b), (c)).
Texas
The prompt-payment deadlines in chapter 542 apply only to first-party claims by an insured or beneficiary (Ins. Code 542.051). Against a USAA member, the hard deadline is yours: generally two years to sue for personal injury (Civ. Prac. & Rem. Code 16.003).
Washington
USAA must reply within 10 business days to communications that reasonably call for a response (WAC 284-30-360). If you have no lawyer and a time limit could affect your rights, it may not keep negotiating with you without written notice of that limit at least 60 days before it runs (WAC 284-30-380(5)). The general deadline to sue for an injury is three years (RCW 4.16.080).
Free case review
Tell us what happened. We will tell you plainly whether there is a case and what to do next. You owe no fees or costs unless we win.
If USAA is your own insurer
Claims under your own policy, such as PIP, MedPay or uninsured motorist coverage, are first-party claims. In Texas the clock runs like this:
- By the 15th day after notice, USAA must acknowledge the claim, start investigating and ask for what it needs (542.055).
- By the 15th business day after it has everything it asked for, it must accept or reject in writing and give reasons for a rejection. If it needs more time, it must say why and decide within 45 more days (542.056).
- Once it accepts, it must pay within five business days (542.057).
- A late payment can bring 18% yearly interest plus attorney’s fees (542.058; 542.060).
In USAA Texas Lloyds Co. v. Menchaca (2018), a homeowners case, the Texas Supreme Court held that an insured generally cannot recover policy benefits for an insurer’s statutory violation unless the insured has a right to those benefits under the policy. An insured who proves that right can recover the benefits as damages when the violation caused their loss.
In California, an accepted claim must be paid within 30 days (10 CCR 2695.7(h)). In Washington, a first-party claimant who is unreasonably denied may sue under the Insurance Fair Conduct Act after giving USAA and the Insurance Commissioner 20 days’ written notice (RCW 48.30.015). Texas PIP rules are on our no-fault page, and UIM claims have their own steps.
What Washington’s regulator found in 2026
On September 30, 2026, the Washington Insurance Commissioner announced a $140,000 fine against USAA Casualty Insurance Co. for “unfair or deceptive acts or practices in how it handled auto claims.” The office reviewed 125 complaints filed from January 2023 to April 2024 and found at least one potential violation in 31 auto claims. USAA confirmed 19 violations, including late responses, investigations not finished within 30 days, refusals to pay without a reasonable investigation, and one settlement that left out applicable taxes and fees. After the office flagged the missing taxes and fees, USAA paid $88,241 on 158 total-loss claims (OIC announcement).
Total-loss offers
Washington requires a total-loss cash settlement to include all applicable government taxes and fees, requires itemized dollar amounts for any adjustment, and gives you a copy of the valuation report on request (WAC 284-30-391). California also requires taxes and one-time fees, and gives an insured 35 days after payment or a final offer to report that you cannot buy a comparable car for that amount (10 CCR 2695.8). See car totaled when it was not your fault.
What this means for your case
In 2025 the USAA group ranked fifth in Texas private passenger auto premium with an 8.88% share (TDI). In California it wrote 4.29% of auto liability premium and 6.10% of auto physical damage premium (CDI).
Report to your own insurer as well, even when the USAA member was at fault; our page on calling your own insurance explains why. Keep every USAA letter with the date it arrived, give a recorded statement only after advice, and limit any medical authorization to crash-related records. If a deadline passes, the California Department of Insurance takes complaints at 1-800-927-4357 or online, the Texas Department of Insurance at 800-252-3439 (complaint help), and the Washington OIC at 800-562-6900 (complaints). Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
Common questions
Can I file a claim with USAA if I am not a member?
Yes. USAA says people without USAA auto insurance who were in an accident with a member can use its third-party claim option.
Is USAA based in Texas?
Yes. A Texas Department of Insurance order lists the USAA companies at 9800 Fredericksburg Road, San Antonio.
Does USAA have to pay me 18% interest if it pays late?
Only on a first-party claim under your own USAA policy, if USAA is liable for the claim and missed the Texas chapter 542 rules.
Will USAA make me see its doctor?
In a lawsuit the defense can ask for a defense medical exam. California allows one physical exam on demand under set limits (CCP 2032.220); Texas and Washington require a court order on good cause (Tex. R. Civ. P. 204.1; CR 35). Beverly Law offers a free case review in English or Spanish at (310) 552-6959. You owe no fees or costs unless we win. Find more answers in our injury law FAQs.
Ask a question
Not ready to call? Write your question and someone on our team will answer. No cost, no commitment.
Injury lawyer — Beverly Law
Hurt because of someone else in California, Texas and Washington? Talk to an injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Sources
- USAA, Military Life Advice (membership footnote) (mobile.usaa.com)
- USAA, Auto claims support (third-party claims, claim steps, phone) (usaa.com)
- Texas Department of Insurance, Commissioner's Order No. 2023-8004 (June 2, 2023) (tdi.texas.gov)
- Washington Office of the Insurance Commissioner, "Kuderer fines USAA, Allstate $230,000 for claim handling violations" ( (insurance.wa.gov)
- California Department of Insurance, 2025 Market Share Report, Top 25 Insurance Groups' Concentration Level (insurance.ca.gov)
- Texas Department of Insurance, private passenger auto market report, year ending December 2025 (posted March 2026) (tdi.texas.gov)
- USAA Texas Lloyds Co. v. Menchaca, No. 14-0721 (Tex. 2018), opinion on rehearing (txcourts.gov)
- Cal. Code Regs., tit. 10, 2695.2 (Cornell LII) (law.cornell.edu)
- Cal. Code Regs., tit. 10, 2695.5 (Cornell LII) (law.cornell.edu)
- Cal. Code Regs., tit. 10, 2695.7 (Cornell LII) (law.cornell.edu)
- Cal. Code Regs., tit. 10, 2695.8 (Cornell LII) (law.cornell.edu)
- Tex. Insurance Code 542.051 (statutes.capitol.texas.gov)
- Tex. Insurance Code 542.055 (statutes.capitol.texas.gov)
- Tex. Insurance Code 542.056 (statutes.capitol.texas.gov)
- Tex. Insurance Code 542.057 (statutes.capitol.texas.gov)
- Tex. Insurance Code 542.058 (statutes.capitol.texas.gov)
- Tex. Insurance Code 542.060 (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code 16.003 (statutes.capitol.texas.gov)
- WAC 284-30-360 (app.leg.wa.gov)
- WAC 284-30-380 (app.leg.wa.gov)
- WAC 284-30-391 (app.leg.wa.gov)
- RCW 48.30.015 (Insurance Fair Conduct Act) (app.leg.wa.gov)
- RCW 4.16.080 (app.leg.wa.gov)
- Cal. Code of Civil Procedure 2032.220 (leginfo.legislature.ca.gov)
- Tex. R. Civ. P. 204.1 (South Texas College of Law Houston, Texas Rules Project) (stcl.edu)
- Washington Superior Court Civil Rule 35 (courts.wa.gov)
- California Department of Insurance, Consumer help and complaints (insurance.ca.gov)
- Texas Department of Insurance, Get help with an insurance complaint (tdi.texas.gov)
- Texas Department of Insurance, complaint page with help line (tdi.texas.gov)
- Washington Office of the Insurance Commissioner, File a complaint (insurance.wa.gov)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 7, 2026.
