08 Oct
The other driver may have apologized at the scene. You might have photographs showing the impact or a witness who saw the whole thing. Even with that information, there are still practical steps to take before an insurance claim can be resolved.
After a Texas accident, focus on your health, preserve the evidence, and establish who is handling each part of the claim. Keep track of what the insurance company has actually agreed to do.
Deal With Immediate Safety and Medical Needs
If you’re still at the scene, check for injuries and call for emergency assistance when needed. Texas requires immediate police notification for a collision involving injury, death, or a vehicle that cannot be driven normally and safely. Exchange the required identifying and insurance information.
Once urgent needs are addressed, contact a healthcare professional about symptoms or concerns. Tell the provider what happened and describe your condition accurately.
For possible head injuries, emergency warning signs include repeated vomiting, worsening headache, seizures, confusion, and difficulty waking. Some symptoms may be delayed.
Make a Clear Record of the Other Driver’s Actions
Write down the sequence while you remember it. Which lane were you in? Were you moving or stopped? What did you observe before impact?
Separate observations from conclusions. If you saw the driver looking down, record that; don’t claim they were texting unless you know it.
Organize photographs, witness contacts, recordings, and messages in one folder. Keep the original versions. A simple timeline can help you explain the event without having to reconstruct it during every phone call.
Obtain the Crash Report When Available
Ask the investigating agency for the report number and instructions for obtaining a copy. People involved in a collision can request an available crash report through TxDOT’s online purchase system, subject to its eligibility requirements.
If officers did not investigate, a state crash report may not exist. TxDOT no longer retains the old CR-2 driver reports, so keep any local form and your own records.
Review identifying details when the report arrives. If something is incorrect, ask the agency how to submit a correction request and retain the supporting documents.
Contact Both Insurers
Report the accident to your insurer and open a claim with the other driver’s carrier. An admission at the scene does not guarantee that the carrier will accept liability or pay everything requested. Ask for written reasons if it denies payment.
Keep a call log with the claim number, adjuster, documents requested, and next follow-up date. After submitting records, ask whether anything else is needed.
Respond to your own insurer’s requests. TDI warns that failure to cooperate can affect renewal of your policy.
Keep Repair Decisions Separate From Medical Decisions
You may need transportation before the injury claim is ready to resolve. Ask about the vehicle inspection, repair authorization, and rental arrangements as separate questions.
Texas drivers can choose their repair shop. Review the shop’s agreement and clarify how additional repairs will be submitted for approval.
Your own rental reimbursement coverage may help after a covered loss if it is included in your policy. Confirm the approved amount and duration before booking.
For medical care, follow the treating professional’s advice. Keep records of appointments, expenses, and any work restrictions you receive.
Know What to Ask When the Claim Stalls
Instead of asking only when payment will arrive, ask what is preventing a decision. Is the insurer waiting for its driver, disputing the evidence, or reviewing coverage?
Texas’s prompt-payment law does not apply to a claim paid by another driver’s insurer in the same way it applies to claims under your own policy. Avoid assuming every claim follows the same deadline.
If the driver lacks adequate insurance, ask whether your uninsured/underinsured motorist coverage applies. That coverage must be in place and remains subject to its terms.
Get Advice Before Closing a Disputed Claim
Ask what any proposed release covers before signing it. Discuss unresolved medical questions with your provider and legal questions with an attorney.
If responsibility is disputed, Texas’s proportionate-responsibility rules may reduce or bar recovery depending on your share of fault.
Also confirm your filing deadline. The general Texas personal-injury limitations period is two years from accrual, with exceptions; a claim-specific review is necessary.
How Parks Law Firm Can Help
Parks Law Firm can review a disputed accident claim, organize supporting evidence, and communicate with insurers about an injury matter.
If you’re receiving conflicting explanations or do not understand a settlement proposal, the firm can review the documents and explain your available options.
Important Note
This article is for general informational purposes and does not constitute legal or medical advice. Rights, insurance coverage, deadlines, damages, and outcomes depend on the facts and applicable law.
