The minutes after a crash are the worst possible time to be making decisions, and they are also when most of the damage to a claim gets done. Here is the short version you can act on, and then the reasoning behind each step.
What to do after a car accident in Texas
- Stop and stay at the scene. Leaving is a crime in Texas.
- Check for injuries and call 911. Report any injury, however minor it seems.
- Move vehicles out of the travel lanes if it is safe and nobody is seriously hurt.
- Exchange name, address, driver’s license, and insurance information with the other driver.
- Photograph everything: both vehicles, the damage, the position of the cars, skid marks, the intersection, traffic controls, and the other driver’s insurance card and license plate.
- Get names and phone numbers of any witnesses before they leave.
- Get evaluated medically the same day, even if you feel fine.
- Report the crash to your own insurance company.
- Get the officer’s crash report once it is available.
- Talk to a lawyer before giving any recorded statement to the other driver’s insurer.
What Texas law actually requires of you
Three duties are statutory, and they are not optional. You must stop at the scene and remain there (Texas Transportation Code Sections 550.021 and 550.022). You must give your name, address, vehicle registration, and, on request, your driver’s license to the other driver, and you must render reasonable aid to anyone injured, including arranging transport if it is needed (Section 550.023). And you must immediately notify law enforcement of a crash involving injury, death, or vehicle damage severe enough that a car cannot be driven away safely (Section 550.026). You are also required to show evidence of financial responsibility — proof of insurance — on request.
One thing Texas no longer requires: drivers do not file their own written crash report. The old driver’s report was eliminated in 2017. What matters now is the officer’s CR-3 report, which is why getting police to the scene matters. See how to get your Houston crash report.
The steps that actually decide your case
Call the police, even for a minor crash
Without a crash report it becomes your word against theirs, and a driver who apologized at the scene will often tell their insurer a different story a week later. The officer’s report captures the vehicles, the statements, the diagram, and often a fault determination. It is the single most useful document in a claim. If the other driver is pushing you to keep it off the record, here is what that handshake actually costs you.
Photograph more than you think you need
Everyone photographs their own bumper. Fewer people photograph the other car’s damage, the final resting positions before anything moves, the traffic signal, the debris field, the weather and lighting, the road markings, and their own visible injuries. Those are the photos that settle fault disputes months later, and you cannot go back for them.
Get witness contact information immediately
Independent witnesses disappear within minutes and are almost impossible to find afterward. A single neutral witness who saw the other driver run the light can be worth more to your claim than everything else you do at the scene.
See a doctor the same day
Adrenaline masks injury, and soft tissue and disc injuries commonly present a day or two later. A same day evaluation creates the medical record connecting the crash to the injury — without it, the insurer will argue something else caused it. See whether to see a doctor when you feel fine.
What not to do
Do not leave the scene. Failing to stop and comply with the statutory duties is a criminal offense in Texas, and the penalty escalates sharply when someone is injured.
Do not apologize or admit fault. “I’m so sorry, I didn’t see you” is a reflex, not a legal conclusion, but it will be quoted back to you. Give the facts to the officer and nothing more.
Do not say you are fine. Say you are not sure and that you are going to get checked out. “I’m fine” in the officer’s narrative is the first exhibit in the argument that you were not hurt.
Do not give the other driver’s insurer a recorded statement. They will call within days, sound friendly, and ask questions designed to lock in helpful answers before you know the extent of your injuries. You are not required to give one. See should I give a recorded statement.
Do not sign anything without reading it. A medical authorization from the other side can open your entire history, and a release ends your claim permanently.
Do not accept a fast settlement offer. An early check almost always arrives before anyone knows whether you need an MRI, injections, or surgery, and once you sign the release the claim is closed for good.
Do not post about it. Photos of you at a barbecue, a race, or on vacation get pulled into a claim file and used to argue you are not hurt, no matter what the context was.
What to do in the days after
Report the crash to your own insurer promptly — most policies require it, and your own coverages may be your fastest source of medical payment. Find out whether you have personal injury protection or medical payments coverage and whether you carry uninsured or underinsured motorist coverage, which matters enormously if the other driver has minimum limits or none at all. Follow through on every medical appointment, because gaps in treatment are the first thing used to devalue a claim. Keep receipts and a simple log of missed work and how the injury is affecting daily life. And get the crash report and review it for errors — they are common and can be supplemented. The other driver’s adjuster will usually call somewhere in this window, so know what to say when the insurance company calls before the phone rings.
Do not lose track of the deadline
Texas generally gives you two years from the date of the crash to file a personal injury lawsuit (Texas Civil Practice and Remedies Code Section 16.003). If a government vehicle was involved — a city truck, a METRO bus, a county vehicle — notice deadlines are far shorter, sometimes 90 days or less under a city charter. That is a situation to get advice on immediately rather than eventually.
Frequently asked questions
What should I do immediately after a car accident in Texas?
Stop and stay at the scene, check for injuries and call 911, move vehicles out of traffic if it is safe, exchange license and insurance information, photograph the vehicles and scene, collect witness contact information, and get medically evaluated the same day. Then report the crash to your own insurer and get the officer’s crash report.
Do I have to call the police after a minor accident in Texas?
Texas requires immediate notice to law enforcement when a crash involves injury, death, or vehicle damage severe enough that a car cannot be driven away safely. Even when it is not required, calling is strongly advisable, because the officer’s report is usually the most important evidence of what happened.
Should I admit fault at the scene of an accident?
No. Fault is a legal determination that depends on facts you do not have at the scene. Apologies and casual statements get treated as admissions by insurers. Give the officer the facts and let the investigation determine responsibility.
Do I still file a crash report in Texas?
Drivers no longer file their own written crash report in Texas; that requirement was eliminated in 2017. The investigating officer’s CR-3 report is the official record, and you can obtain a copy once it is filed.
How long do I have to file a car accident claim in Texas?
Generally two years from the date of the crash for a personal injury lawsuit, though claims involving government entities carry much shorter notice deadlines, sometimes a matter of months or weeks.
Not sure what to do next?
If you were hurt in a Houston crash, call Blass Law at (713) 664-4000 or request a free case evaluation. Early advice is free and it is when it does the most good. See also our Houston car accident lawyer page.
Reviewed by Jay Blass Cohen, founder of Blass Law PLLC — ACS-CHAL Forensic Lawyer-Scientist, certified Drug Recognition Expert, and SFST instructor, serving Houston since 2009. This article is general information, not legal advice for your situation. Prior results do not guarantee a similar outcome.