The Texas Civil Practice and Remedies Code §101.021(2) prohibits the expenditure of state funds for property damages sustained as a result of a condition on the state highway system. 

If necessary, you should contact your insurance company and report the incident to them. If you think you have a claim that should be considered for potential payment under the Civil Practice and Remedies Code, we must receive your claim in writing. Oral claims are not accepted and there is no formal claim form.

In order to file a claim for damages, please submit the information online by choosing "Pavement Condition" on this form.

You may also fax your letter to (512) 416-3302, or do the following:

  • Write a letter with information regarding your incident (i.e. location, mile marker, exit number, County, type of damage(s), etc.)
  • Include all of your contact information including your name, address, phone number, email address, etc.
  • Mail your letter (please no photos, estimates or any other documents at this time) to:

Texas Department of Transportation
Occupational Safety Division
PO BOX 149148
Austin, TX 78714-9148

TxDOT will respond to your letter within 10-15 business days. Please be aware that if you submit photos, estimates, or any other documents, they are not able to be returned. If any further information is necessary, it will be requested. 

Note: All claims will be processed, however submission of these documents does not imply TxDOT’s acceptance of liability/responsibility. This information is merely for fact finding and verification purposes.