08 Oct
If another driver caused your car accident, take care of injuries first, document what happened, and notify the insurance companies. You can pursue a claim against the other driver’s liability insurance, but you should also report the crash to your own insurer.
Being confident about fault is understandable. Getting the claim resolved still requires a clear record of the collision, your injuries, and your losses. Here’s where to start after a Texas crash.
Get Safe and Report the Collision
Check yourself and your passengers before dealing with the cars. Call 911 for injuries or immediate danger, and follow the dispatcher’s instructions.
Texas requires drivers to notify law enforcement immediately when a collision causes injury, death, or damage that makes a vehicle unsafe to drive normally. Stop, exchange the required information, and provide reasonable assistance. For a minor crash without injuries, move out of traffic when it is safe.
Don’t stand between damaged vehicles or step into a travel lane for a photograph. Explain any road hazard to the dispatcher.
Record What Shows How the Crash Happened
Gather the other driver’s contact and insurance information, witness details, and photographs of the vehicles and surroundings. TDI recommends recording the time, location, weather, and circumstances.
Be specific in your notes. “I was stopped in the right lane at the red light” is more useful than “the other driver was careless.” Record statements accurately without adding an interpretation.
Save original dashcam recordings and messages. If a nearby business may have footage, note its location and ask whether the recording can be preserved. Keep a backup of your own files.
Address Medical Concerns Before Waiting on Insurance
Contact a healthcare professional about symptoms after the crash. Explain when they began and whether they affect walking, sleeping, working, or turning your head.
Some concussion symptoms take hours or days to appear. Seek emergency care for a worsening headache, repeated vomiting, seizures, weakness, slurred speech, or difficulty waking.
Keep the instructions from each visit. If you cannot follow a treatment recommendation because of cost or transportation, discuss that problem with the provider rather than quietly missing the appointment.
Open the Claim and Ask What Is Still Under Review
Contact the other driver’s insurer and obtain a claim number. Notify your own insurance company as well. The other carrier may investigate responsibility, question coverage, or find that its policy limits are insufficient.
Ask whether the insurer has accepted responsibility or is still investigating. Find out which documents it needs and when you should follow up.
Keep each conversation short and factual. If you don’t know the other vehicle’s speed or haven’t received a diagnosis, say so. Make a note of the adjuster’s name and any next step you discussed.
Check Your Own Coverage if Payment Is Delayed
Your policy may provide options while the other claim remains unresolved. Depending on what you purchased, collision coverage can address vehicle damage, while personal injury protection or medical payments coverage may help with eligible medical expenses. Deductibles, limits, and exclusions still matter.
Ask your adjuster which coverage applies to each expense. Before renting a car or authorizing repairs, clarify what has been approved and what you might need to pay yourself.
Keep receipts together with the approval messages. That makes it easier to identify a disagreement later.
Respond Carefully if the Insurer Blames You
Ask for the factual basis of any shared-fault position. Compare it with the photos, witness accounts, and other records.
Texas generally reduces recoverable damages by a claimant’s percentage of responsibility. In negligence cases governed by Chapter 33, responsibility greater than 50% bars recovery.
An adjuster’s position deserves review when it conflicts with the evidence. An attorney can explain whether the available facts support challenging it.
Review Settlement Terms and Deadlines
Before signing an injury release, understand what claims it closes and discuss possible future treatment with your doctor. A release can prevent additional claims covered by its terms.
Texas generally allows two years from accrual to file a personal-injury lawsuit, subject to exceptions. Insurance reporting requirements and other notices may operate on different timelines. Get the dates that apply to your circumstances.
How Parks Law Firm Can Help
Parks Law Firm can review the evidence, explain disputed fault issues, and help you understand the insurance options connected to an injury claim.
Bring the records you have and the questions you need answered. The firm can assess what remains missing and discuss the next steps available under Texas law.
Important Note
This article provides general information and does not constitute legal or medical advice. Every case is different. Rights, coverage, deadlines, damages, and outcomes depend on the specific facts and applicable law.
