Texas Car Accident Claims: The Complete Guide
By Jonathan Hwang, JD | Personal Injury Attorney, SMU Dedman School of Law
Super Lawyers Rising Star (2020–2025) | Serving Dallas-Fort Worth
If you were injured in a car accident in Texas, you are facing a process that is designed by the insurance industry to minimize your recovery. This guide explains every stage of a Texas car accident claim — from the scene of the crash to final settlement — so you know exactly what to expect and how to protect your rights.
What to Do Immediately After a Car Accident in Texas
The actions you take in the first hours after a crash directly affect the value of your claim. Here is what to do:
Call 911. Even if the accident seems minor, call 911 and get a police report. Texas requires a police report for accidents involving injury, death, or property damage over $1,000. The responding officer completes a CR-3 Crash Report, which becomes the official record of how the accident occurred. Adjusters and attorneys rely heavily on the CR-3 in evaluating fault.
Seek medical attention immediately. Do not wait to see how you feel. Adrenaline masks pain — whiplash, herniated discs, and traumatic brain injuries often have delayed onset. Going to the ER or urgent care the same day creates a contemporaneous medical record linking your injuries to the accident. Gaps in treatment between the accident and your first medical visit are one of the most common arguments insurers use to devalue claims.
Document everything at the scene. Photograph every vehicle from multiple angles, close-up damage, road conditions, skid marks, traffic signals, and any visible injuries. Take video. Get the other driver's name, license number, insurance information, and license plate. Get contact information from every witness — witnesses become harder to locate as time passes.
Do not admit fault. Even apologizing informally ("I'm sorry, I didn't see you") can be used against you. Texas follows comparative fault rules — anything you say can be used to increase your assigned percentage of fault.
Notify your own insurance company. Your policy requires prompt notice of accidents. This does not mean giving a recorded statement — just notification. Review your policy for any reporting deadlines.
Do not give a recorded statement to the other driver's insurer. You are not legally required to do this. The other driver's adjuster is not on your side. Their job is to minimize what the company pays. Recorded statements taken before you know the full extent of your injuries often contain answers that are used to undercut your claim later.
Texas Car Accident Law: What You Need to Know
Comparative Fault in Texas
Texas follows a modified comparative fault standard under Texas Civil Practice and Remedies Code Section 33.001. This means:
You can recover damages if you are 50% or less at fault
Your recovery is reduced by your percentage of fault
If you are 51% or more at fault, you cannot recover anything
Insurance adjusters are trained to assign you as much fault as possible. A driver they can pin 30% fault on gets a claim reduced by 30%. An experienced attorney challenges improper fault assignments with evidence.
The Texas Statute of Limitations
Under Texas Civil Practice and Remedies Code Section 16.003, you have two years from the date of the accident to file a lawsuit. Miss this deadline and your claim is permanently barred — courts dismiss cases filed even one day late with very limited exceptions.
Do not wait to contact an attorney. Evidence disappears. Witnesses move and forget details. Surveillance footage is overwritten. The earlier you act, the better your evidence preservation.
Texas Insurance Requirements
Texas requires all drivers to carry minimum liability insurance: $30,000 per person / $60,000 per accident for bodily injury, and $25,000 for property damage (30/60/25). However, minimum coverage is often inadequate for serious injuries. Many drivers carry only the minimum or are uninsured entirely — about 1 in 7 Texas drivers has no insurance.
This is why your own uninsured/underinsured motorist (UM/UIM) coverage is critical. If the at-fault driver's policy is insufficient to cover your damages, your UM/UIM policy bridges the gap.
How Insurance Companies Evaluate Your Claim
Understanding how insurance companies calculate settlement offers helps you negotiate from a position of knowledge.
Colossus, Claims IQ, and Mitchell: The Software Behind Your Settlement
Most major insurers use proprietary software — Colossus (used by Allstate and others), Claims IQ, or Mitchell — to generate settlement ranges. These programs assign point values to:
ICD-10 diagnosis codes (injury types)
Treatment types and duration
Whether you treated with a specialist vs. primary care
Whether you had gaps in treatment
Pre-existing conditions in the same body area
Whether you hired an attorney
Yes, these programs adjust their output based on whether you have an attorney. Studies and internal insurer documents produced in litigation have confirmed that adjusters receive lower authority when you are unrepresented, because unrepresented claimants typically accept lower offers. Hiring an attorney immediately shifts the adjuster's evaluation.
The Role of Medical Specials
"Specials" is the insurance industry term for your total medical bills. Specials are the anchor point for soft-tissue injury valuations. Insurance companies often use a multiplier of 1x to 3x specials to estimate pain and suffering — but this is not a legal rule, it is an industry shorthand, and it undervalues many legitimate claims.
For serious injuries with permanent consequences, specials are just one component. Future medical expenses, lost earning capacity, and permanent impairment are separate damages that skilled attorneys document and quantify.
Why Gaps in Treatment Destroy Claims
If you stop treating and then resume two weeks later, the insurance company will argue that you either were not seriously injured or that the resumed treatment is unrelated to the accident. Treating consistently, following your doctor's recommendations, and not missing appointments protects your claim.
The Texas Car Accident Claim Process
Step 1: Medical Treatment and Evidence Gathering
Your first priority is your health. Attend every appointment. Follow through on specialist referrals. Keep records of every out-of-pocket expense — copays, prescriptions, medical equipment, and mileage to appointments.
Your attorney simultaneously gathers evidence: CR-3 report, photos, witness statements, surveillance video (before it is overwritten), the defendant's driving record, cell phone records if distracted driving is suspected, and expert analysis if necessary.
Step 2: Maximum Medical Improvement (MMI)
MMI is the point at which your treating physician determines your condition has stabilized. It does not mean you are fully healed — it means further treatment is unlikely to improve your condition significantly. MMI is the trigger for valuing your claim, because only at MMI do you know your full medical expenses and any permanent impairment rating.
Settling before MMI is almost always a mistake. You cannot go back and ask for more money after signing a release, even if your condition worsens.
Step 3: The Demand Letter
After MMI, your attorney prepares a comprehensive demand package. This typically includes:
A detailed demand letter presenting the facts of liability, the nature of your injuries, all medical treatment, all damages (economic and non-economic), and a settlement demand
All medical records and bills
Proof of lost wages
Documentation of any permanent impairment
Photos of injuries and property damage
Witness statements
Expert reports if applicable
The demand is sent to the adjuster handling the claim. Under Texas Insurance Code Section 542.055, the insurer must acknowledge receipt within 15 days and accept or deny the claim within 15 business days of receiving all requested materials (with a possible 45-day extension upon written notice).
Step 4: Negotiation
Adjuster negotiation is rarely a single exchange. The adjuster responds with a counter-offer, your attorney responds with a counter, and this continues until the parties reach an agreement or determine that litigation is necessary. Most Texas car accident cases settle during this phase — before a lawsuit is filed.
The leverage in negotiation comes from: the strength of your liability evidence, the severity of documented injuries, your attorney's reputation for taking cases to trial, and the defendant's policy limits.
Step 5: Settlement or Litigation
If negotiations reach an impasse, your attorney files suit. The litigation process adds time — typically 12 to 24 additional months — but often produces significantly higher recoveries. Many cases settle during discovery or before trial once the defendant sees the full strength of your evidence.
A small percentage of cases go to jury trial. Texas juries in Collin County (Allen, Plano, McKinney) tend to be conservative; in Dallas County, verdicts vary more widely. An experienced local attorney knows how to frame your case for the specific jury pool in your county.
What Your Claim Is Worth: Key Factors
No attorney can guarantee an outcome, but these factors drive value in Texas car accident cases:
Liability clarity. A rear-end collision where the other driver received a citation is clearer liability than a left-turn accident with disputed facts. Strong liability = stronger leverage.
Injury severity and documentation. Objective findings (fractures, herniated discs visible on MRI, surgical intervention, permanent impairment rating) produce higher recoveries than subjective soft-tissue claims. Documented consistently from day one.
Medical expenses (specials). Higher specials generally correlate with higher settlements, but the relationship is not linear. A $50,000 surgical bill produces a different result than $50,000 in chiropractic treatment.
Lost income. Document lost wages with employer verification, pay stubs, and tax returns. Self-employed income loss requires additional documentation.
Insurance policy limits. You generally cannot collect more than the defendant's policy limits without pursuing underinsured motorist coverage or other defendants. Knowing the policy limits early affects strategy.
Defendant's conduct. Drunk driving, texting while driving, and other egregious conduct can support exemplary (punitive) damages under Texas Civil Practice and Remedies Code Section 41.003.
Common Car Accident Injuries in Texas
Whiplash and cervical strain. The most common car accident injury. Range from minor soreness to chronic pain with herniated discs and radiculopathy. Often undervalued by insurers as "soft tissue."
Herniated discs. Discs in the cervical or lumbar spine can rupture, pressing on nerve roots. Symptoms include radiating pain, numbness, and weakness. Often requires epidural steroid injections or surgery.
Traumatic brain injury (TBI). Concussions and more severe TBIs can result from the forces involved in collisions even without direct head impact. Symptoms include headaches, cognitive difficulties, sleep disruption, and personality changes.
Fractures. Wrist, rib, clavicle, and ankle fractures are common in high-impact crashes. Spinal fractures are serious and can cause permanent impairment.
Shoulder injuries. Rotator cuff tears from bracing for impact or seatbelt forces.
Knee injuries. Dashboard impact causes meniscus tears and ligament injuries.
Psychological injuries. Post-traumatic stress disorder (PTSD), anxiety, and depression following serious accidents are recognized damages under Texas law.
Frequently Asked Questions
How long does a car accident case take in Texas?
Most cases settle within 6 to 18 months. Cases requiring litigation typically take 18 to 36 months from accident to resolution.
What percentage do personal injury attorneys take in Texas?
The standard contingency fee is one-third (33.3%) of the gross recovery pre-litigation. Litigation cases may be 40%. You pay nothing unless you win.
Can I handle my own car accident claim?
You can, but studies show that represented claimants recover an average of 3.5 times more than unrepresented claimants, even after attorney fees. Insurance companies offer lower settlements to unrepresented claimants because they can.
What if the accident aggravated a pre-existing condition?
You can still recover. Texas law allows recovery for aggravation of pre-existing conditions under the "eggshell plaintiff" doctrine. The defendant takes you as they find you.
Do I have to go to court?
Most cases — roughly 95% — settle without a trial. Having an attorney willing to take your case to trial is what creates the leverage to settle it.
Why Choose Jonathan Hwang for Your Texas Car Accident Case
Direct access to your attorney — not a paralegal or case manager — throughout your entire case. Named a Super Lawyers Rising Star six consecutive years. Recognized by Expertise.com as one of the Best Personal Injury Attorneys in Plano from 2021 through 2025. Contingency fee representation: no upfront cost, no fee unless we win.
Serving: Allen, Plano, McKinney, Frisco, Dallas, Fort Worth, Richardson, Garland, Irving, Arlington, Mesquite, and Denton.
The Law Office of Jonathan Hwang, PLLC | 450 Century Parkway, Suite 250, Allen, TX 75013 | (214) 631-9545 | jon@hwanglawtx.com
This article is for informational purposes only and does not constitute legal advice. Every case is different. Contact an attorney to discuss the specific facts of your situation.
Electric Scooter and E-Bike Accidents in Texas: Your Legal Rights
By Jonathan Hwang, JD | Personal Injury Attorney | Allen, TX
One of DFW's only attorneys focusing on personal electric vehicle accident claims
Electric scooters, e-bikes, electric unicycles, and other personal electric vehicles (PEVs) have transformed how people move around DFW cities. They have also created a new category of serious injury — and a legal landscape most injury victims do not understand.
How Texas Law Classifies PEVs
Texas Transportation Code Chapter 664 governs personal electric vehicles. Key definitions:
Electric bicycle (e-bike): A bicycle equipped with a motor of 750 watts or less. Texas classifies e-bikes in three classes based on top speed and whether the motor assists pedaling or operates independently.
Electric scooter: A two-wheeled device with a platform for standing, powered by an electric motor. Most rental scooters (Bird, Lime) fall here.
Electric unicycle / one-wheel: Devices with a single wheel, classified differently across Texas cities.
The classification matters for two reasons: it determines where you can legally ride, and it affects fault analysis when an accident occurs.
PEV Regulations by DFW City
Dallas. Dallas City Code Sections 28-58.1 and 28-58.2 designate cyclists and PEV riders as "vulnerable road users." Motorists must maintain at least three feet of clearance when passing. Violations constitute negligence per se — automatic negligence — in a personal injury case.
Fort Worth. Permits PEV operation in bike lanes and on streets with speed limits up to 35 mph.
Plano. Follows Texas state law for e-bikes and has adopted additional regulations for rental scooter programs.
Allen. Recognizes privately owned PEVs on designated paths and roadways consistent with state law.
Frisco. Has bike lanes on major corridors. Riders are permitted on streets and in bike lanes per state law.
Arlington. Has designated PEV-friendly zones, particularly around entertainment districts. Ordinances restrict scooter use on certain downtown sidewalks.
McKinney, Richardson, Garland. Follow Texas state law with limited city-specific restrictions.
Who Is Liable When a PEV Rider Is Injured?
Motor Vehicle Driver Negligence
The most common PEV accident: a car, truck, or motorcycle fails to yield to or give adequate space to a PEV rider. Liability theories include:
Failure to yield at an intersection
Unsafe lane change into a bike lane
Dooring — a driver opens a door into a PEV rider's path
Distracted driving (texting, GPS use)
Failure to maintain the minimum three-foot passing distance in jurisdictions with vulnerable road user statutes
Property Owner Negligence
Dangerous road or path conditions frequently cause PEV accidents: potholes, uneven pavement, defective shared-use path surfaces, inadequate lighting. TxDOT and municipalities may be liable for dangerous roadway conditions, though claims against government entities carry strict notice requirements and shorter deadlines.
Scooter Company Negligence (Rental PEVs)
If you were injured on a rented Bird, Lime, or similar scooter, the rental company may be liable for defective equipment, inadequate maintenance, or failure to remove damaged scooters from service. Rental agreements contain liability waivers, but these are not always enforceable under Texas law. An attorney evaluates whether the waiver bars your claim.
Product Liability (Defective PEV Equipment)
If your PEV itself failed — brakes did not engage, battery caught fire, frame fractured — the manufacturer or retailer may face strict product liability claims. Document the defect immediately and do not allow the device to be repaired or discarded.
Damages in Texas PEV Accident Cases
PEV riders are often seriously injured because they lack the protection of a vehicle frame. Common injuries include road rash requiring skin grafting, fractures (wrists, clavicle, ankle), traumatic brain injury, spinal cord injuries, and shoulder injuries.
Recoverable damages include medical expenses (past and future), lost wages and reduced earning capacity, pain and suffering, physical impairment and disfigurement, and mental anguish.
The Helmet Issue: Does Not Wearing a Helmet Affect Your Claim?
Texas law does not require adults to wear helmets when operating most PEVs. However, not wearing a helmet can be used as comparative fault evidence if you suffered a head injury. This is a damages argument — it may reduce the head injury component of your recovery without eliminating your overall claim.
What to Do If You Were Injured in a PEV Accident
Call 911. Get a police report.
Photograph everything — your PEV, the vehicle involved, road conditions, injuries, and the scene.
Preserve the PEV. Do not repair or discard the device if it may have been defective.
Document the rental record if you rented the scooter — screenshot your rental history in the app.
Seek medical attention the same day.
Identify witnesses and get their contact information.
Contact an attorney who understands PEV law before speaking to any insurance company.
Why PEV Cases Require a Specialized Approach
PEV accidents are not simply "bike accidents." The applicable statutes, local ordinances, rental company liability frameworks, and product defect theories are distinct from traditional motor vehicle cases. The Law Office of Jonathan Hwang has developed comprehensive expertise in Texas PEV law — including city-by-city ordinance analysis for every major DFW municipality.
The Law Office of Jonathan Hwang, PLLC | Allen, TX | (214) 631-9545 | Free consultation | Contingency fee — no recovery, no fee.
Comparative Fault in Texas Car Accidents: What You Need to Know
By Jonathan Hwang, JD | Personal Injury Attorney | Allen, TX
One of the most common questions from Texas car accident victims is: "Can I still recover if I was partly at fault?" The answer — under Texas's comparative fault system — is usually yes. Understanding how comparative fault works, and how insurance companies exploit it, is essential to protecting your claim.
Texas Modified Comparative Fault: The 51% Rule
Texas follows a modified comparative fault standard, codified at Texas Civil Practice and Remedies Code Section 33.001 and 33.003.
The rule works as follows:
Each party is assigned a percentage of fault for the accident, totaling 100%.
If you are 50% or less at fault, you can recover damages — but your recovery is reduced by your percentage of fault.
If you are 51% or more at fault, you recover nothing.
Example
You are injured in a car accident. A jury determines your total damages are $100,000. They also find you were 20% at fault (perhaps you were slightly speeding) and the other driver was 80% at fault (they ran a red light).
Your recovery: $100,000 × (1 - 0.20) = $80,000.
The 20% fault reduces your recovery by $20,000. You still recover $80,000. If the jury found you 55% at fault, you recover nothing — the 51% threshold is a hard bar.
How Fault Is Allocated in Texas Car Accident Cases
Fault is not assigned by the police report alone. While the CR-3 crash report carries weight, it is not conclusive. Fault is ultimately determined based on the totality of evidence:
Physical evidence. Vehicle damage patterns, final resting positions, and skid marks tell a story about speed, direction, and impact sequence. Accident reconstruction experts analyze this in disputed cases.
Traffic laws. Violations of Texas Transportation Code provisions — failure to yield, running red lights, following too closely, speeding — are strong evidence of negligence.
The CR-3 crash report. Officer observations, citations issued, and fault designations in the report.
Witness testimony. Independent witnesses who have no stake in the outcome carry significant weight.
Video evidence. Dashcam footage, traffic cameras, parking lot surveillance, and cell phone video. Video is often dispositive.
Cell phone records. In distracted driving cases, records establish whether the at-fault driver was texting at the time of the crash.
How Insurance Companies Use Comparative Fault Against You
Comparative fault is one of the insurance industry's most powerful tools. Every percentage point of fault they assign to you reduces their payment by the same percentage.
Common scenarios where insurers argue comparative fault:
Rear-end collisions. Even when you were rear-ended, insurers may argue you brake-checked the other driver, that you stopped suddenly without reason, or that your brake lights were not functioning.
Left-turn accidents. When you are turning left and hit by an oncoming vehicle, insurers argue you failed to yield. The oncoming driver may also have been speeding — which is comparative fault on their part.
Lane changes. When another driver merges into your lane, they may argue you were in their blind spot or that you accelerated to prevent them from merging.
Intersection accidents. Both drivers often claim the light was green. Without a red light camera recording, this is credibility vs. credibility.
Challenging Improper Fault Assignments
When an insurer improperly inflates your percentage of fault, challenge it with evidence:
Obtain and review the CR-3 immediately — including the officer's narrative and any citations
Gather all available video evidence immediately (surveillance footage is often deleted within 30 days)
Identify and interview witnesses while their memories are fresh
Preserve dashcam footage from your vehicle
If the other driver was cited, get the citation details — violations create a negligence per se argument
Consider accident reconstruction if liability is seriously disputed
Multiple Defendants: How Proportionate Liability Works
Texas car accidents sometimes involve more than two parties. When multiple defendants exist, the jury apportions fault among all of them. Each defendant is responsible for their proportionate share.
One critical exception: if a defendant is found more than 50% at fault, they remain jointly and severally liable for the entire economic damages portion of the verdict under Texas Civil Practice and Remedies Code Section 33.013.
Practical Advice: What to Do When Fault Is Disputed
If the other driver or their insurer disputes liability or claims you were at fault:
Do not agree to a fault percentage without legal advice
Do not give a recorded statement without counsel
Gather all available evidence immediately — video especially
Consult a personal injury attorney before engaging further with the insurer
If the insurer offers a reduced settlement based on comparative fault, have an attorney evaluate whether the fault allocation is supported by evidence
Comparative fault disputes are where experienced representation makes the greatest difference in claim value. An attorney who understands how to challenge fault assignments — with evidence, not just argument — can shift the allocation significantly.
The Law Office of Jonathan Hwang, PLLC | Allen, TX | (214) 631-9545 | Free consultation | No fee unless we win.
How Insurance Companies Undervalue Car Accident Claims in Texas
By Jonathan Hwang, JD | Personal Injury Attorney | Allen, TX
Insurance companies are for-profit businesses. Their financial interest is to pay as little as possible on every claim. Understanding the specific tactics they use to undervalue Texas car accident claims helps you recognize when it is happening to you — and how to fight back.
The Software Behind Your Settlement: Colossus, Claims IQ, and Mitchell
Most major insurance companies do not calculate settlement values manually. They use proprietary software programs — the most common being Colossus (used by Allstate and others), Claims IQ, and Mitchell — to generate suggested settlement ranges that adjusters are trained not to exceed without supervisor approval.
These programs analyze your claim data and spit out a dollar range. The range is calibrated to the insurer's historical payout data — which means it is calibrated to pay less than fair value, not more.
Key variables these programs use:
ICD-10 diagnosis codes. The specific diagnosis codes your doctors use dramatically affect the software output. A generic "cervical strain" code produces a lower valuation than a "herniated nucleus pulposus with radiculopathy" code, even if the underlying injury is the same.
Treatment type. Chiropractic treatment scores lower than physical therapy in most systems. ER and specialist treatment scores higher than primary care. Surgery scores highest.
Treatment duration. Longer treatment periods increase the software output — to a point. Treatment that extends well beyond what is expected for the diagnosed injury triggers scrutiny.
Gaps in treatment. Any gap of two weeks or more is flagged. The software reduces values for gapped treatment.
Pre-existing conditions. If you have prior treatment for the same body area, the software assigns a portion of your current condition to the pre-existing injury.
Attorney representation. Colossus and similar programs actually produce different authority ranges depending on whether you are represented by an attorney. Unrepresented claimants get lower authority ranges because historical data shows they accept lower offers.
Common Adjuster Tactics to Minimize Your Claim
Beyond software, individual adjusters use specific tactics to minimize payouts.
The Quick Settlement Offer
Within days of a serious accident — sometimes within 24 hours — you may receive a settlement offer from the at-fault driver's insurer. This is intentional. The insurer wants to close your claim before you know the full extent of your injuries, before you consult an attorney, and before evidence is gathered.
These offers are almost always a fraction of the claim's fair value. Once you sign a release and accept the money, you cannot go back and ask for more, even if you need surgery six months later.
Never accept a settlement offer before you have reached maximum medical improvement (MMI) and before you have consulted an attorney.
The Recorded Statement Trap
An adjuster for the other driver's insurance will call you — often within 24 to 48 hours — and ask for a recorded statement. They will phrase the request as routine: "We just need to document what happened."
The recorded statement is not routine. It is evidence. Adjusters are trained to ask questions designed to lock you into answers that minimize your claim:
"How are you feeling today?" — If you say "better" before symptoms peak, that answer is in the record.
"Did you have any prior issues with your neck or back?" — Any "yes" becomes ammunition to argue pre-existing condition.
"Have you been able to work?" — If you say yes, your lost income claim is complicated.
You are not legally required to give a recorded statement to the other driver's insurer. Decline politely. Tell them your attorney will be in touch.
Disputing Medical Necessity
After you submit your medical bills, the insurer may send your records to an "independent medical examiner" (IME) — a doctor the insurer hires and pays who reviews your records and renders an opinion that your treatment was excessive or unnecessary. IME doctors are paid by insurers to produce favorable opinions. Your treating physician's opinion, documented in contemporaneous records, is far more credible.
Assigning Comparative Fault
Texas's comparative fault system gives insurers a powerful tool: assign you a percentage of fault and reduce their exposure accordingly. Even in a clear rear-end collision, an adjuster may argue you brake-checked the other driver or that your brake lights were out. Document liability evidence thoroughly: photos, witness statements, the CR-3 report, and any available video.
The Lien Offset Strategy
If your health insurance paid your medical bills, your health insurer has a subrogation lien on your recovery. Some insurers argue that your "net" damages are less than your gross bills because health insurance paid at reduced rates. Texas law on this issue is complex. An attorney evaluates which liens apply, how to challenge them, and whether they are enforceable.
How an Attorney Changes the Equation
When you hire an attorney, several things happen immediately:
All communication from the insurer goes through counsel. Adjuster tactics that work on unrepresented claimants stop working.
The insurer knows you have access to litigation. Insurers price litigation risk into their offers.
Your medical records are reviewed by an attorney who understands what diagnoses, treatment, and documentation maximize claim value.
The claim is built from day one to anticipate the insurance company's arguments.
The data is clear: represented claimants recover substantially more than unrepresented claimants, even after attorney fees.
What You Can Do Right Now
If you are currently in a claim and have not yet hired an attorney:
Do not give a recorded statement without counsel
Do not accept any settlement offer before reaching MMI
Keep every medical record and bill
Document every day you missed work and every accident-related expense
Contact a personal injury attorney for a free consultation before making any further decisions
The sooner you have representation, the more control you have over how your claim is built.
The Law Office of Jonathan Hwang, PLLC | Allen, TX | (214) 631-9545 | Contingency fee — no recovery, no fee.
What to Do After a Car Accident in Texas: A Step-by-Step Guide
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.