One minute you are driving down I-10 or Loop 410, and the next you are dealing with a damaged car, pain you may not fully feel yet, and calls from an insurance company. The steps you take in the first days after a crash in Texas can affect both your recovery and your claim. Here is what to know.

What should I do at the scene of a Texas car accident?

First, make sure everyone is safe and call 911 if anyone is hurt. Texas law sets out specific duties after a crash:

• Stop and stay. A driver involved in a crash that results, or is reasonably likely to result, in injury or death must stop at or near the scene and remain there until the legal duties are met (Tex. Transp. Code § 550.021).
• Exchange information and help. Drivers must give their name, address, vehicle registration number, and insurance information, and provide reasonable help to anyone injured, including arranging transport for medical treatment when it is needed or requested (Tex. Transp. Code § 550.023).
• Notify police right away. If anyone is hurt or killed, or a vehicle can’t be normally and safely driven, the driver must notify the local police department, or the sheriff’s office outside city limits, “by the quickest means of communication” (Tex. Transp. Code § 550.026).
• Move it if you can. On a freeway in a metropolitan area, if every vehicle can be safely driven and no one is hurt, drivers should move out of the main lanes as soon as possible (Tex. Transp. Code § 550.022).

Ask for a police report even in smaller wrecks. The officer’s crash report (often called a CR-3) becomes the official record of what happened.

If you are able, take photos of every vehicle from several angles, the positions of the cars, skid marks, traffic signals, and the weather. Get the other driver’s name, phone number, insurance company, and policy number. Write down the names and phone numbers of any witnesses.

Why should I see a doctor even if I feel fine?

Adrenaline can hide pain. Injuries like whiplash, concussions, and herniated discs often don’t show symptoms for hours or days. A visit to urgent care, an emergency room, or your own doctor creates a medical record that connects your injuries to the crash.

Waiting weeks to get checked gives the other driver’s insurer room to argue that you were hurt somewhere else or that your injuries are minor. Once you start treatment, follow it. Missed appointments and gaps in care are among the most common reasons insurers reduce an offer.

What should I say to the insurance company?

Be careful. The other driver’s adjuster may call quickly and ask for a recorded statement. You are not required to give one, and it is wise to talk with a lawyer first. Avoid saying “I’m fine” or guessing about fault. Statements made in the first few days are often used later to challenge a claim.

Report the crash to your own insurer as your policy requires, and stick to the basic facts.

How long do I have to file a claim in Texas?

The deadline to file a personal injury lawsuit in Texas is generally two years from the date of the crash (Tex. Civ. Prac. & Rem. Code § 16.003). Some cases have exceptions, such as claims by minors.

Crashes involving a city, county, or state vehicle have an earlier step. Under the Texas Tort Claims Act, a government unit is entitled to written notice of the claim no later than six months after the crash, describing the injury, the time and place, and what happened (Tex. Civ. Prac. & Rem. Code § 101.101(a)). Cities can set shorter notice periods in their charters (§ 101.101(b)), so the real deadline may be much sooner. Insurers and government entities know these deadlines, so it is better not to wait.

Does it matter if I was partly at fault?

Yes. Texas follows a modified comparative fault rule, called proportionate responsibility. By statute, a claimant “may not recover damages if his percentage of responsibility is greater than 50 percent” (Tex. Civ. Prac. & Rem. Code § 33.001). In other words, if you are found more than 50% responsible for the crash, you cannot recover damages from the other driver. If you are 50% or less at fault, you can still recover, but the amount is reduced by your share of fault. That is why evidence from the scene, witnesses, and the police report matters.

What records should I keep?

Start a folder, paper or digital, and keep:

• The police report number and a copy of the report
• Photos and videos from the scene and of your injuries as they heal
• Medical bills, records, and prescription receipts
• Proof of missed work and lost pay
• Repair estimates, rental car receipts, and towing bills
• Short notes on how your injuries affect daily life, such as sleep, work, and family activities

Frequently Asked Questions

Should I accept the insurance company’s first offer?

Not before you understand your injuries. Once you settle with the at-fault driver’s insurer, the claim is closed, even if new problems show up later.

Can a lawyer handle the property damage claim too?

A personal injury lawyer can help you navigate the property damage claim for your vehicle alongside the injury claim, so you are not managing two processes on your own.

What if the other driver has no insurance?

Your own uninsured/underinsured motorist (UM/UIM) and personal injury protection (PIP) coverage may apply. Texas auto policies must include both unless a named insured rejected them in writing (Tex. Ins. Code §§ 1952.101, 1952.152). PIP benefits are paid without regard to who caused the crash (Tex. Ins. Code § 1952.155). Check your declarations page, or have a lawyer review it with you.

Talk With Caquias Law Group, PLLC

If you were hurt in a crash, attorney Tomas Caquias can review your situation in a free consultation and explain your options. We have offices in San Antonio and Harlingen and represent injured people across Texas. Se habla español.

Call (210) 996-2237 in San Antonio or (956) 435-7789 in Harlingen.

Every case is different, and no particular result is guaranteed. This article is general information, not legal advice.