Accidents happen unexpectedly, and if you’re involved in one in Texas, knowing how to file an accident claim is essential to protect your rights, get compensation, and cover your damages. Whether it’s a car crash, truck collision, or slip and fall, Texas law offers a structured way to seek justice — but the process can be complex without guidance.
In this detailed guide, we will walk you through the entire process of filing a claim after an accident in Texas, covering legal requirements, deadlines, insurance tips, and everything in between.
Understanding Texas Accident Laws
Texas is a Fault-Based State
Texas follows a “fault” insurance system. This means the at-fault party is responsible for compensating the other party for damages, including:
- Medical bills
- Lost income
- Pain and suffering
- Property damage
Comparative Negligence in Texas
Texas uses modified comparative negligence, which means:
- If you’re less than 51% at fault, you can still recover compensation.
- Your compensation will be reduced by your percentage of fault.
- If you’re more than 50% at fault, you may not recover any damages.
Immediate Steps to Take After an Accident
Acting quickly and correctly after an accident is crucial. Here’s what you should do:
1. Ensure Safety
Move to a safe area and check for injuries. Call 911 immediately if there are serious injuries.
2. Call the Police
Even for minor accidents, you must file a police report in Texas. It’s a key document in your insurance claim.
3. Gather Evidence
- Take photos and videos of the scene
- Exchange contact and insurance info
- Note license plates, weather, road conditions
- Speak to witnesses and get their contact info
4. Seek Medical Attention
Even if you feel fine, see a doctor. Some injuries, like whiplash or internal trauma, may appear later.
When to File an Insurance Claim
In Texas, it’s best to file your claim as soon as possible. Most insurance companies require it within 24 to 72 hours. Delaying can weaken your case or lead to denial.
Texas Statute of Limitations
You have two years from the date of the accident to file a lawsuit for personal injury or property damage. Missing this deadline can result in losing your right to compensation.
How to File a Car Accident Claim in Texas
Here’s a step-by-step guide to file a car accident insurance claim:
Step 1: Notify Your Insurance Company
Even if the accident wasn’t your fault, always inform your insurer. Provide:
- Date and time of the accident
- Location
- Parties involved
- Police report number (if available)
Step 2: Submit Evidence
Upload or email documents such as:
- Photos from the scene
- Medical bills and treatment records
- Repair estimates or receipts
- Witness statements
Step 3: Cooperate with the Insurance Adjuster
You may be contacted for:
- A phone interview
- Signing a medical release
- A vehicle inspection
Be honest but don’t admit fault. Stick to facts.
What Documents You’ll Need
Organizing your paperwork makes the claims process smoother.
Essential Documents:
- Police accident report
- Medical records and bills
- Photos of injuries and damages
- Repair invoices or quotes
- Insurance policy documents
- Proof of lost wages (e.g., employer letter, pay stubs)
Keep both digital and printed copies.
Working With Insurance Adjusters
Insurance adjusters assess damages and determine your settlement. Keep the following in mind:
Tips for Dealing With Adjusters
- Be polite but cautious
- Don’t accept the first settlement offer
- Don’t give a recorded statement without legal advice
- Always review settlement terms carefully
Remember: Their job is to save money for the company — not to protect your rights.
When to Contact a Personal Injury Lawyer
In many cases, hiring a lawyer can increase your payout and reduce your stress.
You Should Hire a Lawyer If:
- You’re facing high medical bills
- The other party denies fault
- You have lasting injuries or disability
- The insurance company delays or denies your claim
- You’re offered a lowball settlement
Texas personal injury lawyers usually work on a contingency fee basis — meaning you don’t pay unless you win.
Common Mistakes to Avoid
Avoid these mistakes to strengthen your case:
1. Not Reporting the Accident
Always report the incident to both police and your insurer.
2. Ignoring Medical Treatment
Delays or gaps in treatment may weaken your claim.
3. Admitting Fault
Even a casual “I’m sorry” may be used against you.
4. Settling Too Early
Quick settlements often don’t cover long-term costs.
5. Not Keeping Records
Document everything — from pain journals to medication costs.
FAQs About Filing a Claim in Texas
Q1: How long does it take to settle a car accident claim?
A: It can take anywhere from a few weeks to several months, depending on injury severity, cooperation of insurers, and whether legal action is required.
Q2: Can I file a claim without a lawyer?
A: Yes, but for serious accidents, a lawyer can help maximize compensation and handle complex legal issues.
Q3: What if the at-fault driver doesn’t have insurance?
A: You may file a claim under your uninsured/underinsured motorist (UM/UIM) coverage if your policy includes it.
Q4: What happens if I’m partially at fault?
A: Texas uses modified comparative fault, so if you’re under 51% at fault, you can still recover compensation, reduced by your percentage of fault.
Q5: Can I file a claim if I was injured as a passenger?
A: Yes. Passengers can file claims against the at-fault driver, whether it was the other vehicle or the one they were riding in.
Final Thoughts
Filing an accident claim in Texas involves a mix of legal awareness, timely action, and accurate documentation. By following the right steps and understanding your rights under Texas law, you can significantly improve your chances of receiving fair compensation.
Whether it’s a minor accident or a life-changing crash, don’t go through it alone. When in doubt, seek professional legal advice to protect your rights and your future.