Car Accident Claims in Texas: The First Steps

The first days after a crash often shape how a later claim is judged. Medical notes, the police report, photos, and the messages you exchange with an insurer usually become the core of the file. This guide walks through the steps many people take after a crash in Texas, what to keep, and when it may help to speak with a lawyer who handles injury cases.

This is general information. Every crash has its own facts, and the rules that apply to a claim depend on those facts.

Get medical care first

Some injuries, including neck, back, and head injuries, may not show symptoms right away. A medical visit soon after the crash creates a dated record that connects your symptoms to the collision. It also gives you a chance to ask about treatment and follow-up. Follow the plan your doctor gives you, and if you miss an appointment, write down why.

Get the police report

If police respond, ask the officer for the report number, the officer's name, and the agency. Ask how to request a copy and when it will be available. If the police did not come to the scene, ask the local police department how to report the crash.

Write down what you remember

Memory fades quickly. Write down the time, the road and direction of travel, the weather, traffic signals, and how the collision happened. Record names and phone numbers for other drivers, passengers, and witnesses. If you took photos, copy them somewhere other than your phone so they are not lost.

Keep the records in one place

Collect the police report number, tow and repair invoices, rental car receipts, pay records if you missed work, and every medical bill and visit summary. One folder, paper or digital, makes it easier to show what the crash has cost you and to give a lawyer a complete picture.

Insurance claims are not the same as lawsuits

Many people treat an insurance claim and a lawsuit as the same thing. They are different. An insurance claim is a request for payment under a policy, handled by an adjuster. A personal injury lawsuit is filed in court. Some matters settle through insurance, while others need a court process.

In many car accident claims, who was at fault matters a great deal. Coverage can come from the other driver's policy, your own policy, or both. Before you sign a release or accept a payment described as final, read what it covers. A release can end your ability to make further claims.

Be careful with recorded statements

An adjuster may ask for a recorded statement soon after the crash. You can ask to wait, or ask for questions in writing. Stick to facts you know, avoid guessing about speed or distance, and say so when you do not know something. Early offers can arrive quickly, but they may not reflect the full course of your treatment.

Deadlines can be short

Texas sets time limits for filing a personal injury lawsuit. Claims against a government entity can follow shorter notice rules, and property damage claims may have their own timing. Do not assume you have plenty of time. Ask a lawyer to confirm the deadline that applies to your situation as early as possible.

When a lawyer may help

A lawyer who handles car accident cases can review the police report, medical records, and insurance letters, and explain the likely next steps. This is especially useful when injuries are serious, when fault is disputed, when the other driver has little or no insurance, or when an insurer denies or delays a claim.

Many injury lawyers offer an initial consultation. Ask how they are paid, who will handle your file day to day, and what documents they need. The car accident practice page explains the kinds of cases these lawyers take, and the Texas listings show firms by city. If you live in or near Houston, the lawyers in Houston page is a place to start.

Check the lawyer's license

Confirm that anyone you consider is licensed in Texas. The State Bar of Texas licenses attorneys in the state. Search the lawyer's name in the bar's public directory, check that the license is active, and look for any public disciplinary history before you sign an agreement.

Questions to bring to a first meeting

• How many car accident cases like mine have you handled in Texas?
• Who will be my main contact, and how often will I get updates?
• How are your fees calculated, and what costs could I owe if the case does not succeed?
• What deadline do you think applies to my claim?
• What should I say, and not say, when the insurance company calls?

Free and low-cost help

Legal aid organizations serve people who meet income rules. The Legal Services Corporation funds civil legal aid nonprofits across the country, and its find legal aid page can help you look for programs by location. The USAGov page on finding a lawyer and affordable legal aid lists more options. Law school clinics and local bar referral services may also take certain matters. Ask each one what kinds of cases it accepts before you send paperwork.

Frequently asked questions

Should I call a lawyer before I talk to the insurance company?

Many people do. A short consultation can help you decide what to say and what to hold off on. Even without a lawyer, you can ask the adjuster to put requests in writing.

Does a minor crash still need a lawyer?

It depends on the injuries, the damage, and whether fault is disputed. A consultation can help you decide whether the matter needs more attention.

What if the other driver's insurer is slow to respond?

Keep a record of every call, letter, and date. Ask a lawyer about your options if delays affect your treatment or your ability to pay bills.

This page is general information, not legal advice. Laws change and every case is different — talk to a licensed Texas attorney about your situation.