How to File a Car Accident Claim in Texas: A Step-by-Step Guide

TL;DR: Filing a car accident claim in Texas means acting fast: document the scene, seek medical care, notify your insurer, and — if your injuries are serious — consult an attorney before accepting any settlement. Texas law gives you two years to file a lawsuit under Tex. Civ. Prac. & Rem. Code § 16.003, but insurer reporting deadlines can be much shorter. Talk to us today to get matched with a vetted Texas car accident attorney at no cost.

The evidence you gather in the first minutes after a crash can make or break your claim. Stay calm, move to safety if possible, and work through this checklist before you leave the scene.

• Call 911. Texas law requires you to report accidents that result in injury, death, or property damage above a certain threshold. A police report creates an official record of fault.
• Photograph everything. Capture vehicle positions, damage, skid marks, road conditions, traffic signals, and any visible injuries.
• Exchange information. Get the other driver's name, license number, insurance company, and policy number.
• Identify witnesses. Names and phone numbers of bystanders can be decisive if fault is disputed.
• Do not admit fault. Even a casual "I'm sorry" can be used as an admission of fault by insurers or opposing counsel.

See a doctor even if you feel fine. Many car accident injuries — whiplash, soft-tissue damage, and traumatic brain injuries — have delayed symptoms that only become apparent after the adrenaline fades. Gaps in treatment give insurers ammunition to argue your injuries were minor or unrelated to the crash.

From a legal standpoint, your medical records are the backbone of your damages claim. They document the nature and extent of your injuries, the cost of treatment, and the link between the accident and your harm. Keep every bill, prescription receipt, and follow-up appointment record.

Texas is an at-fault state. That means the driver who caused the crash — and their insurer — is responsible for paying your damages. Texas law requires all drivers to carry minimum 30/60/25 liability coverage: $30,000 in bodily injury per person, $60,000 per accident, and $25,000 for property damage.

Texas policies must also include Personal Injury Protection (PIP) unless you reject it in writing. PIP covers your own medical bills and a portion of lost wages regardless of fault — a useful safety net when the at-fault driver is underinsured.

Keep these coverage types in mind when evaluating your claim:

• Liability (BI/PD): Covers injuries and property damage you cause to others.
• PIP: Pays your own medical costs and lost wages, regardless of fault.
• Uninsured/Underinsured Motorist (UM/UIM): Protects you when the at-fault driver has no insurance or insufficient coverage.
• Collision: Repairs or replaces your vehicle after a crash, regardless of who caused it.

Once you have sought medical care and gathered evidence, notify your own insurer promptly — even if the other driver was at fault. Most policies require "timely" notice, and some companies set windows as short as 30 days. Waiting can result in a denied claim.

You generally have two routes:

1. Third-party claim: File directly with the at-fault driver's insurer. The adjuster will investigate liability and make a settlement offer.
2. First-party claim: File with your own insurer under collision or UM/UIM coverage, especially if the at-fault driver is uninsured or disputes liability.

Important: Do not accept the first settlement offer without carefully reviewing it. Once you sign a release, you typically forfeit the right to seek additional compensation — even if your injuries worsen. If the offer feels low, get matched in under a minute with a Texas car accident lawyer who can evaluate what your claim is really worth.

Texas follows a modified comparative negligence system codified in Texas Civil Practice and Remedies Code § 33.001. Under this "51% bar rule": if you are found 50% or less at fault, you can recover damages — but your award is reduced by your percentage of fault. If you are found 51% or more at fault, you recover nothing.

Insurance adjusters know this rule well and routinely try to push your fault percentage higher to reduce or eliminate their payout. Strong evidence — police reports, photos, witness statements, and medical records — is your best defense against an inflated fault assignment.

Texas Civil Practice and Remedies Code § 16.003 gives you two years from the date of the accident to file a personal injury or property damage lawsuit. Miss that window and Texas courts will dismiss your case — regardless of how strong it is.

A few exceptions can extend or shorten this deadline:

• Minor victims: The clock typically doesn't start until the injured person turns 18.
• Delayed discovery: If injuries were not immediately apparent, the clock may start from the date of reasonable discovery.
• Government vehicles: Claims against a government entity under the Texas Tort Claims Act require a notice of claim within six months — much shorter than the standard deadline.

Two years sounds like plenty of time, but evidence disappears, witnesses move on, and insurance negotiations can drag out. Start the process early.

Not always — minor fender-benders with clear liability and small medical bills are often resolved without an attorney. However, if you suffered significant injuries, if fault is disputed, or if an insurer has denied your claim, an attorney can make a substantial difference in your outcome. Most Texas car accident lawyers work on contingency, meaning you pay nothing unless you win.

You may be entitled to economic damages — medical bills, future treatment costs, lost wages, and vehicle repair or replacement — as well as non-economic damages such as pain and suffering and emotional distress. In rare cases involving gross negligence (like a drunk driver), a court may also award punitive damages.

Texas has a significant number of uninsured drivers on its roads. If you carry Uninsured/Underinsured Motorist (UM/UIM) coverage, you can file a first-party claim with your own insurer. Your PIP coverage can also help cover immediate medical costs. An attorney can help you explore all available sources of recovery.

Simple claims with clear liability and minor injuries can resolve in a few months. Complex cases involving serious injuries, disputed fault, or litigation can take one to two years or longer. Acting quickly — preserving evidence, seeking medical care, and consulting a lawyer early — helps keep your case moving efficiently.

Yes, as long as your share of fault is 50% or less under Texas's modified comparative negligence rule. Your damages will be reduced by your fault percentage. For example, if you are 20% at fault and your damages total $100,000, you would recover $80,000. Crossing the 51% threshold eliminates your right to any recovery.

Knowing how to file a car accidents claim in Texas is the first step — but navigating insurers, deadlines, and fault disputes on your own is stressful and risky. DearLegal matches you with vetted Texas car accident attorneys who can review your case, handle the legal heavy lifting, and fight for the compensation you deserve. There's no cost to connect and no obligation. Start your case today — it takes less than a minute.

DearLegal is not a law firm and does not provide legal advice. This article is for informational purposes only. Consult a licensed attorney in your state for advice on your specific situation.