A car accident can turn an ordinary day into a crisis in seconds. In the confusion and adrenaline that follow a collision, most people do not know exactly what to do — and the mistakes they make in those first hours and days can cost them thousands of dollars when it comes time to file an insurance claim.
This guide walks you through what to do immediately after a car accident in Texas, what to avoid, and how to protect your legal rights from the start.
At the Scene
1. Stop and check for injuries.
Texas law requires you to stop at the scene of any accident. Leaving the scene of an accident that causes injury is a felony in Texas. Check yourself and your passengers for injuries, then check on the occupants of the other vehicle if it is safe to do so.
2. Call 911.
You are required to report any accident that results in injury, death, or property damage exceeding $1,000 to law enforcement. In practice, if there is any visible damage to either vehicle, call 911. The responding officer will create a crash report, which becomes one of the most important pieces of evidence in your claim.
When speaking with the officer, stick to the facts. Describe what happened without speculating about fault or saying things like "I think it was my fault" or "I did not see them." The crash report will document the officer's assessment of the accident, including any citations issued.
3. Exchange information.
Get the following from every other driver involved: full name, phone number, insurance company and policy number, driver's license number, license plate number, and the make, model, and color of their vehicle. If there are passengers in the other car, get their names as well.
4. Document the scene.
Take photos of everything: the damage to all vehicles from multiple angles, the road and intersection where the accident occurred, traffic signs and signals, skid marks or debris, weather and road conditions, and any visible injuries you have. These photos become evidence. The more you take, the better.
If there are witnesses, ask for their name and phone number. Witness testimony can be critical if liability is disputed.
5. Do not admit fault.
This is one of the most common and most costly mistakes people make. Do not say "I am sorry," "I did not see you," or anything that could be interpreted as accepting blame. Even if you think you might have been partially at fault, the full picture often looks very different once all the evidence is examined. Stick to exchanging information and cooperating with the officer.
In the Hours and Days After the Accident
6. Seek medical attention — even if you feel fine.
Adrenaline masks pain. Many serious injuries do not produce symptoms for hours or even days after an accident. Whiplash, herniated discs, concussions, and internal bleeding are all common car accident injuries that can have delayed onset.
See a doctor within 24 to 72 hours of the accident. If your injuries are severe, go to the emergency room immediately. For non-emergency situations, visit an urgent care clinic or your primary care physician.
Getting prompt medical attention does two things. First, it protects your health by catching injuries early. Second, it creates a medical record that links your injuries directly to the accident. If you wait weeks or months to see a doctor, the insurance company will argue that your injuries were not caused by the accident or are not as serious as you claim.
7. Do not give a recorded statement to the other driver's insurance company.
The at-fault driver's insurance adjuster will call you, sometimes within hours of the accident. They will sound friendly and concerned. They will ask you to describe what happened and how you are feeling. They may ask you to give a recorded statement.
Do not do this. The adjuster's job is to find reasons to deny or reduce your claim. Anything you say — "I feel okay," "I was just a little sore," "I might have been going a little fast" — can and will be used against you.
You are not required to give a recorded statement to the other driver's insurance company. Politely decline and tell them your attorney will be in contact.
8. Notify your own insurance company.
You should report the accident to your own insurance company promptly. Most policies require timely notification. When reporting, stick to basic facts: the date, time, and location of the accident, and that you were involved in a collision. Do not speculate about fault or discuss the extent of your injuries in detail.
9. Follow your doctor's treatment plan.
Go to every appointment. Follow every recommendation. If your doctor refers you to a specialist, physical therapy, or imaging, follow through. Insurance companies look for gaps in treatment as evidence that your injuries are not serious. Consistent treatment demonstrates that your injuries are real and that you are taking them seriously.
10. Keep records of everything.
Start a folder — physical or digital — and save everything related to the accident: the crash report, medical bills and records, pharmacy receipts, correspondence with insurance companies, photos from the scene, repair estimates, rental car receipts, and any documentation of missed work.
If the accident affects your daily life — difficulty sleeping, inability to exercise, pain during routine activities — keep a brief journal. This contemporaneous record can be powerful evidence of your pain and suffering.
What Not to Do
Do not post about the accident on social media. Insurance companies monitor claimants' social media. A photo of you smiling at a family event can be used to argue that your injuries are not severe. A post about weekend plans can be used to dispute your lost wages claim. The safest approach is to avoid posting anything about the accident, your injuries, or your activities until your case is resolved.
Do not accept the first settlement offer. Insurance companies make early offers because early offers are cheap. They know you have medical bills piling up. They know you are anxious about money. That is exactly why they offer fast, low settlements — before you understand the full extent of your injuries and damages. Once you accept a settlement and sign a release, you cannot go back and ask for more, even if your injuries turn out to be far worse than expected.
Do not sign a medical authorization from the insurance company. The other driver's insurer may ask you to sign a broad medical release giving them access to your entire medical history. This is a fishing expedition. They are looking for pre-existing conditions they can blame your injuries on. Your attorney can provide the relevant medical records without giving the insurance company a blank check to dig through your history.
When to Contact a Personal Injury Attorney
You should contact an attorney as soon as possible after a car accident if any of the following apply: you were injured, someone else was injured or killed, liability is disputed or unclear, the insurance company is offering a quick settlement, you are missing work due to your injuries, you were hit by a commercial vehicle or truck, or the accident involved a drunk or distracted driver.
An experienced personal injury attorney can handle all communication with insurance companies, preserve critical evidence before it disappears, coordinate your medical treatment through letters of protection, calculate the full value of your claim (including future medical expenses and lost earning capacity), negotiate aggressively for a fair settlement, and file a lawsuit if the insurance company refuses to pay what your case is worth.
Texas-Specific Rules You Should Know
The statute of limitations for personal injury claims in Texas is two years from the date of the accident. Miss this deadline and you lose your right to file a claim.
Texas follows a modified comparative fault rule. You can recover compensation as long as you are not more than 50 percent at fault. Your recovery is reduced by your percentage of fault.
Texas is an at-fault state for car insurance. The driver who caused the accident is responsible for paying your damages through their liability insurance.
The minimum liability insurance in Texas is 30/60/25 ($30,000 per person, $60,000 per accident for bodily injury, $25,000 for property damage). Many drivers carry only the minimum, which may not cover serious injuries. Your own uninsured/underinsured motorist coverage can fill the gap.
Get a Free Case Evaluation
If you have been injured in a car accident in Texas, The Law Office of Jonathan Hwang offers a free, no-obligation case evaluation. We work on a contingency fee basis — you pay nothing unless we recover compensation for you.
Call (214) 631-9545 or contact us online to discuss your case.
The Law Office of Jonathan Hwang | 450 Century Parkway, Suite 250, Allen, TX 75013 | Serving Dallas, Fort Worth, Plano, Allen, McKinney, Frisco, Richardson, and all of North Texas.
