Texas Car Accident Claim Process

Filing a car accident claim in Texas involves more steps than most people expect, and the decisions you make in the days and weeks after a crash can directly affect what you recover. Texas follows a fault-based insurance system, which means the driver who caused the accident is responsible for the resulting damages. That sounds straightforward, but insurers rarely make it easy, and the rules around proving fault, meeting deadlines, and documenting your losses require careful attention.

If you suffered an injury in a crash and need help understanding your options, Mokaram Injury Lawyers is available 24/7, including nights and weekends. Call (281) 222-2222 or contact us online for a free case review.

What to Do Immediately After a Car Accident in Texas

What you do at the scene and in the days that follow can shape the strength of your claim. If you are physically able, take these steps:

• Call 911 and request police and medical assistance
• Stay at the scene until law enforcement arrives and a report is filed
• Get the other driver’s name, contact information, insurance details, and license plate number
• Take photos of all vehicles, road conditions, traffic signs, injuries, and the surrounding area
• Collect contact information from any witnesses
• Seek medical attention immediately, even if you feel fine
• Avoid discussing fault with the other driver or their insurance company before speaking with our Houston car accident attorneys

Texas law under Texas Transportation Code § 550.023 requires drivers involved in an accident to provide their name, address, vehicle registration, and insurance information to the other party. Leaving the scene of an accident that causes injury or property damage is a criminal offense.

The Texas Fault-Based Insurance System

Texas is an at-fault state, meaning the driver responsible for the accident bears financial responsibility for damages. Victims can pursue compensation by filing a claim through:

• The at-fault driver’s liability insurance (a third-party claim)
• Their own insurance policy, if they carry coverage such as uninsured/underinsured motorist (UM/UIM) protection or personal injury protection (PIP)
• A personal injury lawsuit if insurance coverage is insufficient or disputed

Texas law requires all drivers to carry at least $30,000 in liability coverage per injured person, $60,000 per accident, and $25,000 for property damage under Texas Transportation Code § 601.072. In serious crash cases, these minimums often fall far short of actual damages, which is why knowing your own policy coverage matters.

How Comparative Fault Affects Your Claim

Texas uses a modified comparative fault rule under the Texas Civil Practice and Remedies Code § 33.001. If you are found partially at fault for the accident, your compensation is reduced by your percentage of fault. If you are found more than 50% responsible, you cannot recover anything from the other party.

This rule matters because insurers will often try to assign you a share of the blame to reduce or deny your claim. An adjuster might point to your speed, your lane position, or even a delayed brake response to argue you contributed to the crash.

Having documentation from the scene, a thorough police report, and witness statements helps counter these arguments.

Filing a Third-Party Insurance Claim in Texas

After a crash caused by another driver, you can file a claim directly with their insurance company. Here is how that process generally works:

Claim Opening and Investigation

The insurance company will open a claim, assign an adjuster, and begin an investigation. The adjuster will review the police report, speak with both drivers, examine vehicle damage, and request your medical records. Based on their review, they will make a settlement offer.

Negotiations and Settlement

That first offer is almost never the full value of your claim. Adjusters are trained to settle cases quickly and for as little as possible. Before accepting any offer, make sure you understand the full extent of your injuries, since some conditions worsen over time or require ongoing treatment.

If the at-fault driver was uninsured, you may be able to file a claim under your own UM/UIM coverage. Texas does not require drivers to carry this coverage, but insurers are required to offer it, and you must reject it in writing if you choose not to carry it under Texas Insurance Code § 1952.101.

What Happens If Your Claim Goes to Litigation

Most car accident claims settle before reaching a courtroom, but some do not. If the insurance company denies your claim, makes an offer that does not cover your losses, or disputes who was at fault, filing a lawsuit may be the right path forward.

Once a lawsuit is filed, the case moves into a process called discovery, where both sides exchange evidence and take depositions. Many cases still settle during this phase. If no agreement is reached, the case goes to trial, where a judge or jury determines fault and damages.

Having a clear record of your injuries, treatment, and the impact on your life is what makes the difference at every stage of this process.

What Damages Can You Pursue?

Texas law allows accident victims to pursue two categories of damages: economic and non-economic.

Economic damages cover losses with a specific dollar value:

• Medical bills, including emergency care, surgery, hospitalization, and physical therapy
• Future medical expenses if your injuries require ongoing treatment
• Lost income from time missed at work
• Reduced earning capacity if your injuries affect your ability to work long-term
• Property damage, including vehicle repair or replacement

Non-economic damages cover losses that do not come with a receipt:

• Physical pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Disfigurement or permanent impairment
• Loss of companionship for a spouse or family member in serious cases

Texas does not cap non-economic damages in most car accident cases. The value of these damages depends on the severity of your injuries, the impact on your daily life, and how well your case is documented.

The Texas Statute of Limitations

The filing deadline is one of the most important rules in the Texas car accident claim process. You have two years from the date of the accident to file a personal injury lawsuit in Texas under Texas Civil Practice and Remedies Code § 16.003. Missing this deadline almost always means losing your right to recover compensation through the courts, regardless of how clear-cut the other driver’s fault may be.

Two years can feel like a long time, but gathering evidence, building a claim, and negotiating with insurers takes time. Waiting too long can also result in lost evidence, faded memories, and witnesses who are harder to locate.

Why Texas Car Accident Clients Choose Our Firm

At Mokaram Injury Lawyers, we are available around the clock because car accidents do not happen on a schedule, and neither do the questions that come after one. After-hours calls are some of our busiest times, and someone is always ready to listen.

We treat every client like family, which means your case gets real attention from the start, not just at key deadlines. We walk you through every step of the process and, if necessary, take your case to trial. You will always know where things stand, because we know how overwhelming this can feel. Our attorneys pursue every available avenue to recover what you are owed, and we do not collect a fee unless we win your case.

Frequently Asked Questions About Texas Car Accident Claims

How Long Does a Texas Car Accident Claim Take to Resolve?

Simple claims with clear liability and limited injuries may settle in a few months. Cases involving serious injuries, disputed fault, or litigation can take a year or longer. The timeline depends on the complexity of your case and how quickly the insurance company responds.

What If the At-Fault Driver’s Insurance Denies My Claim Entirely?

A denial is not the end of your options. Insurers deny claims for various reasons, including disputed liability, alleged policy exclusions, or missed deadlines on their end. Our team reviews the denial, identifies the insurer’s stated basis, and determines whether to challenge it through additional evidence, a formal dispute process, or a lawsuit. A denial from the insurer is often a negotiating position, not a final answer.

What Should I Avoid Saying to the Insurance Adjuster?

Avoid apologizing, speculating about the cause of the crash, or downplaying your injuries. Adjusters are trained to use casual statements against claimants. Stick to the basic facts and speak with an attorney before giving a recorded statement.

Can I Still File a Claim If I Was Partially at Fault for the Crash?

Yes, as long as you are found no more than 50% responsible for the accident under Texas’s modified comparative fault rule. Your compensation will be reduced by your percentage of fault, but it is not eliminated. For example, if you are found 25% at fault and your damages total $100,000, you would still recover $75,000. Our team works to minimize the fault percentage assigned to you by building a clear, evidence-backed account of what the other driver did wrong.

Should I Hire a Lawyer or Handle My Texas Car Accident Claim on My Own?

You may handle minor claims with clear fault and limited injuries on your own. For cases involving serious injuries, ongoing care, or disputed liability, a lawyer can provide stronger results. There is no fee unless we recover compensation for you.

Injured in a Texas Car Accident? Start Your Free Case Review Today

The Texas car accident claim process has real deadlines, and waiting can cost you. If you suffered an injury in a crash and are not sure what your next step should be, our team is ready to help.

Mokaram Injury Lawyers offers free case reviews with no obligation and no upfront fees. Call (281) 222-2222 or contact us online any time, day or night. We do not get paid unless you do.