After a car accident in Texas, move to safety, call 911, check for injuries, and stay at the scene. Exchange information, photograph the damage, seek medical care the same day, report to your insurer, and get the police report number. Texas law requires you to report any crash with injury or property damage over $1,000.
Texas personal injury attorneys and Garland car accident lawyers represent car accident victims across the state. The steps you take in the first hour and first week after a crash determine how much compensation you can recover.
These are the ten steps to take after a car accident in Texas, starting at the scene.
Step 1: Move to safety and turn on hazard lights. If your car is drivable and you are not seriously injured, pull to the shoulder or a nearby parking lot. Get out of the flow of traffic. If the car cannot move, stay inside with your seat belt on and hazard lights activated.
Step 2: Check for injuries. Adrenaline masks pain immediately after a crash. You might feel fine while having internal bleeding or a concussion. Check yourself first, then passengers. If anyone is hurt, call 911 immediately.
Step 3: Call the police. Texas law requires you to report any crash involving injury, death, or property damage of $1,000 or more. When the officer arrives, they will create a CR-3 crash report. You will need this report number for your insurance claim.
Step 4: Exchange information. Collect this from every driver involved: full name, driver’s license number, license plate number, insurance company name and policy number, vehicle make and model, and phone number. Take photos of each document with your phone to avoid mistakes and missing details.
Step 5: Document the scene. Take wide shots showing the position of all cars in relation to lanes, intersections, and traffic signs. Also take close-ups of all vehicle damage, skid marks, road conditions, weather, and lighting. Photograph your injuries as well.
Step 6: Get witness contact information. Ask anyone who saw the crash for their name and phone number. Also, look for nearby businesses with security cameras, and ask the business to save the footage before it is overwritten.
Step 7: Do not admit fault. Even saying “I’m sorry” can be used as an admission of fault in Texas. Do not argue about who caused the crash. Let the police and insurance adjusters investigate. Texas uses a modified comparative fault rule with a 51% bar. If you are found more than 51% at fault, you cannot recover any damages.
Step 8: Seek medical care the same day. Delaying creates a gap in treatment. Insurance companies use that gap to argue your injuries came from something other than the crash. Common crash injuries like whiplash, concussions, and soft tissue damage may not hurt until 24 to 48 hours later, so get checked even if you feel fine.
Step 9: Report to your insurance company. Your auto insurance policy requires you to notify them of an accident promptly. Stick to the facts: date, time, location, and vehicles involved. Do not speculate about fault. Do not give a recorded statement to the other driver’s insurance company without legal advice.
Step 10: Get a copy of the police report. The CR-3 crash report is the most important document for your claim. Obtain it through TxDOT’s CRIS system or directly from the responding law enforcement agency.
The most damaging mistakes Texas drivers make after a crash are leaving the scene, skipping medical care, and talking too much to the other driver’s insurer. Avoid these mistakes:
Texas has specific legal requirements after a car accident that are separate from what you do at the scene. Under Texas Transportation Code Chapter 550, you must report any crash involving $1,000 or more in damages, and most crashes exceed this amount.
If police do not respond to the scene, you are still required to file a Driver’s Crash Report (form CR-2) with the Texas Department of Transportation within 10 days of the crash. Failure to file can result in driver’s license suspension, even if the other driver was at fault in the accident.
Texas gives you two years from the date of the accident to file a personal injury lawsuit. If you miss this deadline, your case is dismissed forever. There are narrow exceptions for minors and people with legal incapacities, but do not assume you qualify. Knowing what to do after a car accident legally in Texas includes respecting this deadline.
Texas follows a modified comparative fault rule, where if you are found more than 51% responsible for causing the crash, you cannot recover any damages from the other driver. How fault is determined in Texas involves reviewing police reports, witness statements, traffic camera footage, and vehicle damage patterns.
The CR-3 police report is not automatically sent to you. You must actively request it through the online portal. The report typically becomes available 7 to 10 days after the crash. Request it as soon as you have the report number from the responding officer. If you don’t have this report, adjusters rely on driver statements alone.
Texas law also requires you to carry proof of financial responsibility at all times. After a crash, you must show your insurance card to the responding officer. If you cannot provide proof, you can receive a citation even if you were not at fault. Keep a digital photo of your insurance card on your phone as a backup in case you cannot access the physical card at the scene.
Notify your own insurance company promptly, but be careful what you say, especially to the other driver’s insurance. Insurance companies aim to pay as little as possible on every claim. Your own adjuster works within the limits of your policy. They are obligated to handle your claim in good faith.
The other driver’s adjuster has one job, to minimize what their company pays you. They will look for any reason to deny your claim or reduce your settlement. You are not required to give a recorded statement to the other driver’s insurance company. The adjuster will pressure you, but you can decline entirely until you have spoken with an attorney.
Texas is an at fault state, so the person who caused the accident is responsible for damages, which makes fault documentation critical.
When speaking with your insurance company, provide the date, time, location, and vehicles involved. Do not speculate about fault, what you think your claim is worth, or injuries. Let the process play out before making any statements about the value.
Your insurance policy requires you to cooperate with your own insurer’s investigation, but cooperation has limits. You must provide basic facts about the crash. You do not have to authorize blanket medical record releases or give repeated recorded statements.
For most car accident claims, the insurance company will make the first offer before you have finished treatment. This is designed to look generous while being much lower than what you actually need. Do not accept any settlement until you know the full cost of your medical treatment and of your car repair.
If the other driver has no insurance, you still have options. Texas law and your own policy may cover your damages. Texas requires drivers to carry minimum liability coverage, but many drivers ignore this law and drive uninsured.
If you have uninsured/underinsured motorist (UM/UIM) coverage, it can cover your medical bills and damages when the at-fault driver has no insurance. Texas law requires insurers to offer this coverage, but you may have rejected it in writing. Check your policy documents.
A hit-and-run is treated similarly to an uninsured driver situation for insurance purposes. If the other driver flees the scene and cannot be identified, your UM/UIM coverage may apply. An attorney can help pursue compensation even when the at-fault driver is uninsured.
Developing your UM/UIM claim requires a different approach than a standard liability claim.You are essentially filing against your own insurance company, which still has a duty to handle your claim in good faith. However, disputes with your own insurer over UM/UIM coverage can become adversarial.
This includes negotiating with your own insurer under your UM/UIM policy and, in some cases, filing a lawsuit against the uninsured driver directly. Knowing what to do after a car accident not your fault includes understanding your own insurance coverage before you need it.
Medical bills after a car accident in Texas can add up fast. Knowing how they get paid protects you from covering costs that should fall on the at-fault driver. The at fault driver’s liability insurance is typically responsible for covering your medical expenses.
Personal injury protection or PIP coverage is optional in Texas but highly recommended as it pays medical bills regardless of fault. This is especially useful when liability is disputed or delayed. PIP can cover ambulance fees, emergency room visits, follow-up appointments, and even lost wages. If you have PIP, use it while liability is being investigated.
Medical records are essential evidence in any car accident injury case. Every visit, diagnosis, and treatment note connects your injuries to the accident. Without medical records, you have no proof.
Gaps in treatment gives insurers grounds to argue your injuries were pre-existing or minor. A gap of even one week can be used against you.
Document every medical visit from the date of the crash forward, and request an itemized bill from each provider. Do not pay any bill out of pocket until you have confirmed whether the at-fault driver’s liability insurance or your own PIP coverage will cover it.
Send copies of all medical bills and records to your insurance adjuster in writing, and keep a log of every bill you receive along with the date you submitted it. If a bill comes due while liability is still being investigated, contact the provider and ask for a payment hold while you pursue the insurance claim.
The medical bills after a car accident can be stressful, but your job is to track every expense and submit documentation to force the at-fault driver’s insurance to cover these costs.
Contact a Texas car accident lawyer if you were injured, fault is disputed, the insurance offer feels too low, or the other driver was uninsured. Car accident damages can include medical bills, lost wages, property damage, and pain and suffering. Car accident lawyers help calculate the full value of your claim, including future medical costs and long-term impacts on your ability to work.
You should hire a car accident lawyer immediately under these specific circumstances:
Under the Texas personal injury claims process, once you accept a settlement, you waive your right to seek additional compensation forever, even if your injuries turn out to be worse than you thought. Most car accident lawyers, including Thompson Law, work on contingency. You pay nothing upfront. No fees unless we win.
Thompson Law offers Texas car accident victims a free consultation with no fees unless we win. Contact us today before the insurance company sets the terms. Our car accident lawyers handle everything from evidence collection to negotiation to trial. You focus on getting better.
Move to safety, check for injuries, call 911, exchange information with the other driver, photograph the scene, do not admit fault, seek medical care the same day, report to your insurer, and get the police report number. Follow the ten steps in this article in order.
Texas law requires you to report any crash with injury or property damage over $1,000. Most crashes meet this threshold. If you are unsure, call the police and let them decide. If police do not respond, you must file a Driver’s Crash report (form CR-2) with TxDOT within 10 days.
Texas has a two-year statute of limitations for personal injury claims. You must file a lawsuit within two years from the date of the accident. There are narrow exceptions for minors, but do not assume you qualify.
You file a claim under your own uninsured/underinsured motorist coverage if you have it. If you do not have this coverage, you may need to file a lawsuit against the other driver directly, but collecting payment can be difficult.
No. Their adjuster works to minimize what they pay you. You are not required to give a recorded statement. If they call, say “I am not comfortable speaking without my attorney present” and finish the call.
You can recover economic damages such as medical bills, lost wages, and vehicle repair, and non-economic damages such as pain and suffering, mental anguish, and loss of enjoyment of life.
Sí. Thompson Law tiene abogados que hablan español y pueden ayudarle después de un accidente en carro en Texas. Ofrecemos consultas gratuitas, sin pagos a menos que ganemos. Contáctenos hoy para hablar con alguien sobre su caso.
Thompson Law charges NO FEE unless we obtain a settlement for your case. We’ve put over $2.1 billion in cash settlements in our clients’ pockets. Contact us today for a free, no-obligation consultation to discuss your accident, get your questions answered, and understand your legal options.
State law limits the time you have to file a claim after an injury accident, so call today.
