When you’re suddenly caught in a car accident, confusion and frustration often take over. Between the noise of tow trucks, police questions, and insurance calls, it’s easy to overlook the steps that protect your rights. Filing a car accident insurance claim properly is one of the most important actions you can take after a crash. Texas law holds the at-fault driver responsible for paying damages, but navigating insurer requirements, forms, and timelines can feel like a second job. Understanding how claims work and when to bring in a car accident lawyer or personal injury lawyer ensures you receive the compensation you deserve while avoiding mistakes that could weaken your case.
Texas’s Fault-Based Insurance System
Texas follows a traditional “at-fault” model, meaning the driver who caused the accident is legally responsible for covering resulting damages. Every motorist must carry a minimum amount of liability coverage, which is set by Texas Transportation Code §601.072. The required limits are $30,000 for injuries per person, $60,000 per accident total, and $25,000 for property damage. These limits are often too low to cover serious injuries, so additional coverage is strongly recommended. When you file a car accident insurance claim, your lawyer and the insurer will determine who was at fault and which policy applies. Drivers without valid coverage can face fines, license suspension, and personal liability for all accident costs.
Steps to Take Immediately After a Car Accident
- Ensure everyone’s safety and move vehicles out of traffic if it’s safe to do so.
- Call 911 immediately, as Texas law requires police notification when there are injuries, fatalities, or property damage exceeding $1,000.
- Document the scene thoroughly by taking clear photos and videos of vehicle damage, road conditions, traffic signs, and license plates from multiple angles.
- Exchange driver information, including names, phone numbers, addresses, license numbers, and insurance details, with all parties involved.
- Collect witness information such as names and contact numbers to support your version of events later.
- Request the police report reference number from responding officers; the full report can later be purchased through the Texas Department of Transportation Crash Report System.
- Seek immediate medical attention, even for minor symptoms, since hidden injuries like whiplash or internal trauma can appear hours later and should be documented for your claim.
Notify Your Insurance Company Promptly
After the initial emergency, promptly notify your insurer about the accident; most Texas policies require this within a few days. Share accurate facts like time, location, and those involved, but avoid assigning blame until investigations are complete. Your insurer will open a claim, possibly arrange inspections or interviews, and everything you say may affect liability. If you face pressure for a quick settlement or unclear demands, contact a car accident lawyer to handle communication and ensure compliance with Texas Department of Insurance procedures.
Gather and Submit Key Documentation
A well-prepared claim file can make the difference between a quick payout and months of delay or denial. Insurance companies rely on documentation to verify every expense, injury, and repair linked to your crash. When records are incomplete or disorganized, it becomes easier for adjusters to question the legitimacy of your losses. Building a strong, clearly organized file ensures that your car accident insurance claim moves forward smoothly and that every dollar you’re owed is supported by evidence.
- Organize all materials chronologically and maintain digital and physical copies for your records.
- Obtain the official police report number from the investigating agency for reference and verification.
- Collect photos of all vehicles involved, including damage, road conditions, and traffic signage.
- Gather written repair estimates and receipts for any out-of-pocket expenses such as towing or rentals.
- Compile detailed medical records and bills from every healthcare provider who treated your injuries.
- Keep all correspondence between your insurer and the at-fault driver’s insurer in one file to track communication and updates.
- Submit a complete documentation package to your insurance company to prevent unnecessary claim delays or denials.
- Work with your attorney if serious injuries or multiple parties are involved, allowing them to coordinate with insurers and medical experts to establish the full extent of your losses.
Comparative Fault in Texas
Texas uses the principle of modified comparative negligence, meaning compensation is reduced according to your percentage of fault, but only if you are found less than 51% responsible. For instance, if you are deemed 20% at fault for a crash with $20,000 in damages, you may still recover $16,000. Insurers often manipulate this rule to downplay their client’s liability, arguing that your actions contributed to the collision. Your car accident insurance claim can be compromised if fault is incorrectly assigned. A skilled attorney reviews all evidence, dashcam footage, police diagrams, and witness accounts, to counter inflated fault percentages and ensure a fair distribution of responsibility.
Dealing With Insurance Adjusters and Settlement Offers
Insurance adjusters are trained to protect their company’s bottom line, not your well-being. After receiving your claim, they will assess damage reports and medical bills before proposing a settlement amount. Early offers are typically far below what victims deserve, often excluding long-term costs such as rehabilitation or future lost wages. Never rush to accept payment until you understand the full scope of your damages. Review every proposal carefully with your lawyer, who will calculate the value of your claim based on medical evidence, property loss, and emotional distress. Once a settlement is signed, your case is closed forever, so it’s crucial that the compensation truly covers your needs.
What If the Other Driver Is Uninsured or Underinsured?
Despite state requirements, uninsured and underinsured motorists remain a reality across Texas. If you are struck by one, you may need to rely on your own uninsured/underinsured motorist (UM/UIM) coverage. This policy can help pay for vehicle repairs, hospital bills, and wage losses when the at-fault driver’s coverage is nonexistent or inadequate. Texas insurers must offer UM/UIM protection by law, and drivers who decline it must sign a written waiver. If you are unsure whether your policy includes this coverage, review your documents or ask your agent. When disputes arise over eligibility or payment, an experienced attorney can interpret your policy terms and pursue additional recovery through other responsible parties.
How Long You Have to File a Car Insurance Claim in Texas
Timeliness is essential when pursuing compensation. While the Texas Civil Practice & Remedies Code §16.003 gives accident victims up to two years from the date of the crash to file a lawsuit, insurance policies usually require notification and claim submission much sooner, often within 30 days. Failing to act quickly may result in claim denial or limited recovery options. To preserve your right to compensation, file promptly, keep all proof of communication, and consult a local attorney early. They can ensure your claim meets both statutory and policy deadlines while gathering evidence before it disappears.
Common Mistakes That Can Hurt Your Claim
The smallest missteps can have major consequences in a car accident insurance claim. Many drivers unintentionally weaken their cases by providing recorded statements to insurers, posting accident photos on social media, or failing to follow up on medical treatment. Others accept the first settlement offer out of frustration or financial pressure. Avoid these errors by keeping communication limited, adhering to doctor recommendations, and letting your attorney handle all insurer contact. A proactive legal approach helps establish credibility and prevents insurers from undervaluing your damages.
Get Help With Your Car Accident Insurance Claim
Filing a claim after a crash is more than paperwork; it’s a fight for financial and emotional recovery. The process demands attention to legal detail, persistence with insurers, and a clear understanding of Texas law. When you work with Mokaram Injury Lawyers, you gain a Houston-based team that knows local courts, state regulations, and how to counter insurance company tactics. Their attorneys have recovered millions for accident victims across Texas by combining meticulous investigation with compassionate client care. If you’ve been injured in a collision or need help with a denied claim, reach out today by calling 281-222-2222 for a free consultation. Mokaram Injury Lawyers will stand beside you from the first phone call until you receive the justice and compensation you deserve.
