Tex. Ins. Code Section 1952.107
Recovery Under Collision or Combined Coverage

(a)

An insured who has collision coverage and uninsured or underinsured property damage liability coverage may recover under the coverage the insured chooses.

(b)

If neither the collision coverage or the uninsured or underinsured property damage liability coverage is sufficient alone to cover all damage resulting from a single occurrence, the insured may recover under both coverages. If recovering under both coverages, the insured shall designate one coverage as the primary coverage and pay the deductible applicable to that coverage. The primary coverage must be exhausted before any recovery is made under the secondary coverage.

(c)

If both the primary and secondary coverages are used to pay damages from a single occurrence, the insured may not be required to pay the deductible applicable to the secondary coverage when the amount of the deductible otherwise applicable to the secondary coverage is the same as or less than the amount of the deductible applicable to the primary coverage. If both coverages are used to pay damages from a single occurrence and the amount of the deductible otherwise applicable to the secondary coverage is greater than the amount of the deductible applicable to the primary coverage, the insured shall pay the difference between the amount of the two deductibles with respect to the secondary coverage.

(d)

The insured may not recover under both the primary and secondary coverages more than the actual damages suffered.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.

Source: Section 1952.107 — Recovery Under Collision or Combined Coverage, (accessed Feb. 26, 2025).

1952.001
Applicability of Chapter 1952.051
Policy Forms for Automobile Insurance 1952.052
Use of Previously Approved or Adopted Policy Forms Authorized 1952.053
Withdrawal of Approval 1952.054
Required Disclosures Regarding Short-term Policies 1952.055
Certificate of Insurance as Substitute for Insurance Policy 1952.056
Required Provision: Coverage for Certain Spouses 1952.057
Prohibited Provision: Payment on Conviction for Drug Offense 1952.058
Loss Control Information and Services Required 1952.059
Required Provision: Coverage for Certain Vehicles Acquired During Policy Term 1952.060
Required Provision: Liability Coverage for Temporary Vehicles During Policy Term 1952.101
Uninsured or Underinsured Motorist Coverage Required 1952.102
Uninsured Motor Vehicle 1952.103
Underinsured Motor Vehicle 1952.104
Required Provisions Relating to Uninsured or Underinsured Motorist Coverage 1952.105
Liability Limits 1952.106
Recovery Under Underinsured Motorist Coverage 1952.107
Recovery Under Collision or Combined Coverage 1952.108
Insurer’s Right of Recovery 1952.109
Burden of Proof in Dispute 1952.110
Venue 1952.151
Personal Injury Protection 1952.152
Personal Injury Protection Coverage Required 1952.153
Maximum Required Amount of Personal Injury Protection 1952.154
Loss of Income Benefits 1952.155
Benefits Payable Without Regard to Fault or Collateral Source 1952.156
Payment of Benefits 1952.157
Action for Failure to Pay Benefits 1952.158
Exclusion of Benefits 1952.159
Offset Against Liability Claim 1952.160
Inapplicability to Accident or Health Insurance 1952.161
Certain Coverage Unaffected 1952.201
Applicability of Subchapter 1952.202
Definitions 1952.203
Short-term Liability Insurance Program 1952.204
Agent License Required 1952.205
Sale of Short-term Liability Insurance Policies 1952.251
Definitions 1952.252
Garage Insurance 1952.301
Limitation on Parts, Products, or Repair Persons or Facilities Prohibited 1952.302
Prohibited Acts in Connection with Repair of Motor Vehicle 1952.303
Contracts Between Insurer and Repair Person or Facility 1952.304
Provision of Information Regarding Repairs 1952.305
Notice of Rights Regarding Repair of Motor Vehicle 1952.306
Complaints 1952.307
Rules 1952.351
Definitions 1952.352
Applicability 1952.353
Named Driver Policies Prohibited 1952.0515
Required Coverage
Green check means up to date. Up to date

Accessed:
Feb. 26, 2025

§ 1952.107’s source at