After a Wreck
The first 72 hours matter more than you think.
Insurance companies start building their case against you before you even leave the scene. Every photo you don't take, every statement you give without thinking, every day you skip the doctor — that's money they keep and you lose. This isn't legal advice. It's the reality of how personal injury cases work in Texas, written by people who see the consequences of these mistakes every week.
Do This
Call 911 and get a police report
Even if the wreck seems minor. In Texas, a police report is your strongest piece of evidence for establishing fault. Without it, the insurance company can spin any story they want. The officer documents the scene, takes statements, and notes who they believe caused the accident. That report is worth more than a dozen witness recollections six months later.
Photograph everything at the scene
Both vehicles from every angle. The intersection or road. Skid marks. Traffic signals. Your injuries. The other driver's license plate, insurance card, and driver's license. Damage to anything else — guardrails, poles, fences. Take 50 photos. You can delete extras later. You can never go back and reshoot.
See a doctor within 72 hours
This is the single biggest mistake people make. You feel okay after the adrenaline wears off, so you wait. A week later your neck is killing you. Two weeks later you finally see a doctor. The insurance adjuster now argues that your injury happened somewhere else — because if it was from the wreck, why did you wait? In Texas, a gap in treatment is the number one tool insurance companies use to deny or reduce claims. Go to the ER, an urgent care, or your primary care doctor. Document your pain from day one.
Follow your treatment plan
If the doctor says physical therapy three times a week, go three times a week. Every missed appointment shows up in your medical records, and the insurance company will argue that you weren't really hurt. Consistent treatment builds a paper trail that proves your injuries are real and ongoing.
Keep a pain journal
Every day, write down what hurts, what you can't do, and how the injury is affecting your daily life. Can't pick up your kid. Can't sleep through the night. Had to miss work. This documentation is powerful evidence months later when the insurance company tries to minimize your suffering.
Talk to a personal injury attorney before talking to insurance
Consultations are free. Every legitimate personal injury attorney in Texas works on contingency — they don't get paid unless you win. There is zero financial risk to getting legal advice before you make a statement to anyone. The insurance company has a team of lawyers. You should have one too.
Don't Do This
Don't apologize at the scene
"I'm sorry" is a natural human response. But in the context of a car wreck, it can be interpreted as an admission of fault. Be polite. Check on the other driver. But do not say "I'm sorry" or "it was my fault" to anyone — not the other driver, not the police, not the insurance adjuster. Let the facts speak.
Don't give a recorded statement to the other driver's insurance
The adjuster will call you, sound friendly, and ask to "get your side of the story." What they're actually doing is building a case to pay you as little as possible. They are trained to ask questions that get you to say things that hurt your claim. You are not required to give a recorded statement to the other driver's insurance company. Politely decline and refer them to your attorney.
Don't accept the first settlement offer
The first offer is always low. Always. The insurance company is betting that you're stressed, behind on bills, and will take whatever they put on the table. In Texas, initial offers routinely come in at 10-20% of what the case is actually worth. Once you accept and sign a release, you can never come back for more — even if your injuries turn out to be worse than you thought.
Don't post about the accident on social media
Insurance adjusters will comb through your Facebook, Instagram, and TikTok looking for anything they can use against you. A photo of you smiling at a family dinner becomes "evidence" that you're not really in pain. A check-in at the gym becomes proof you're not injured. Stay off social media. If you can't, lock everything private and post nothing about the accident, your injuries, or your daily activities.
Don't wait to file
Texas has a two-year statute of limitations on personal injury claims. That sounds like plenty of time, but evidence disappears fast. Surveillance footage gets overwritten in 30-90 days. Witnesses forget details. Medical records from the ER can be harder to obtain months later. The sooner you start, the stronger your case.
Don't sign anything from the insurance company without a lawyer reviewing it
Medical authorization forms, release of liability, settlement offers — insurance companies will put paperwork in front of you quickly, hoping you sign before you understand what you're giving up. A medical authorization can give them access to your entire medical history, not just records related to the accident. Read everything. Better yet, have an attorney read it first.
Texas-Specific Rules You Should Know
Modified comparative fault: Texas follows a 51% bar rule. If you are found more than 50% at fault for the accident, you recover nothing. If you're 30% at fault, your recovery is reduced by 30%. This is why establishing the other driver's fault early — through police reports, photos, and witness statements — is critical.
Uninsured/underinsured motorist coverage: Texas has one of the highest uninsured driver rates in the country. If the driver who hit you has no insurance or minimal coverage, your own UM/UIM policy kicks in. Check your auto insurance policy now. If you don't have UM/UIM coverage, call your agent and add it. It's usually cheap and it protects you when the other driver can't.
Statute of limitations: Two years from the date of the accident for personal injury claims. Two years for property damage. If a government entity is involved (city bus, state vehicle), you may have as little as six months to file notice. Don't assume you have time.
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