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.
