After a car accident, the most vital steps are to focus on your health, carefully document everything related to the crash, and understand your rights before you engage with any insurance companies.
If you’re reading this, you are likely dealing with physical pain, emotional stress, and a flood of questions about what comes next. Knowing what to do after a car accident can protect your well-being and your ability to recover financially for the harm you have suffered.
Your First Steps After a Houston Car Wreck
Once you are home and away from the immediate chaos of the crash scene, you have a new set of priorities. The adrenaline may have worn off, and you might start to feel the true extent of your injuries. This is a critical time to take deliberate, thoughtful steps to set the stage for your physical and financial recovery. It’s not just about dealing with a damaged vehicle; it’s about taking care of yourself.
Prioritize Your Medical Well-being
Even if you feel you only have minor bumps and bruises, seeing a doctor as soon as possible is one of the most important things you can do. Some serious injuries, like whiplash, internal bleeding, or even traumatic brain injuries, may not show immediate symptoms. Consulting a brain injury lawyer early can help protect your rights.
An evaluation by a medical professional creates an official record of your injuries, which is crucial. Be sure to follow all of your doctor's orders, attend every follow-up appointment, and keep detailed records of your treatment and prescriptions. Your health should always be your number one concern.
Start a Car Accident File
Organization is your friend during this process. Get a simple folder or binder and start collecting every piece of paper related to the accident. This file will become an invaluable resource, helping you keep track of the details without relying on memory alone during a stressful period.
Here are some key items to include in your file:
- A copy of the police report from the Houston Police Department or other responding agency.
- The other driver’s name and insurance information.
- Photos you took of your injuries and the damage to your vehicle.
- All medical bills, visit summaries, and receipts for prescriptions.
- Records of communication with any insurance companies, including the name of the adjuster and the date of the call.
Keeping all these documents in one place will make the process much smoother and ensure no important details get lost in the shuffle.
Navigating Insurance Company Calls
Soon after the accident, you will likely get a call from an insurance adjuster. It is important to remember that the adjuster, especially one from the other driver’s insurance company, does not work for you. Their job is to protect their company's financial interests, which often means paying out as little as possible on a claim. You should be cautious and informed in these conversations.
What to Know Before You Give a Recorded Statement
The other driver's insurance company will almost certainly ask you to provide a recorded statement about the accident. You are generally not legally required to provide one to the at-fault party's insurer. It is often wise to politely decline until you have had a chance to fully understand your situation and your rights.
Here’s why you should be cautious:
- They can use your words against you. Adjusters are trained to ask questions that might lead you to unintentionally say something that could hurt your claim. For instance, a simple "I'm fine" can be misinterpreted to mean you weren't injured.
- You may not know the full extent of your injuries. You might not be aware of a delayed-onset injury when you give the statement, which could make it harder to get compensation for it later.
- It creates a permanent record. Once the statement is recorded, you cannot take back what you said, even if you later realize it was inaccurate or incomplete.
It is always a good idea to know where you stand before you agree to a recorded conversation that could impact your future.
Understanding Your Own Insurance Policy
You will also need to report the accident to your own insurance company. Before you call, take a moment to review your policy and understand your coverages. In Texas, you may have coverage that can help you right away, such as Personal Injury Protection (PIP). Under the Texas Insurance Code, PIP coverage is automatically included in all auto policies unless you have rejected it in writing. It can cover medical bills and a portion of lost wages for you and your passengers, regardless of who was at fault for the accident. Understanding what your own policy provides is a key part of knowing what to do after a car accident.
What to Do After a Car Accident in Texas: Protecting Your Rights
Texas has specific laws that can affect your ability to recover compensation after a car accident. Being unaware of these rules can, unfortunately, jeopardize your claim. Understanding two key concepts is essential for protecting your rights as an accident victim in Houston.
The Importance of the Texas Statute of Limitations
In Texas, you have a limited amount of time to take legal action after a car accident. This deadline is known as the statute of limitations. For most personal injury claims, the Texas Civil Practice and Remedies Code § 16.003 sets this deadline at two years from the date of the accident.
If you do not file a lawsuit within this two-year window, you will likely lose your right to seek compensation through the court system forever. While two years might seem like a long time, investigating a crash and building a strong case takes time, so it is important not to wait until the last minute.
Understanding Modified Comparative Fault in Texas
Another critical Texas law is the rule of modified comparative fault, sometimes called proportionate responsibility. This rule, found in the Texas Civil Practice and Remedies Code § 33.001, addresses situations where more than one person may be at fault for an accident. An insurance company might try to argue you were partially to blame for the crash, even if you were hit by the other driver.
Under this rule, your ability to recover money is reduced by your percentage of fault. For example, if you are found to be 10% responsible for a crash on I-610 and your damages are $50,000, you can only recover 90%, or $45,000.
Crucially, Texas has a 51% bar rule. This means if you are found to be 51% or more at fault for the accident, you are barred from recovering any compensation at all. Insurance adjusters are well aware of this rule and may use it to try to reduce or deny your claim.
Documenting Your Losses for a Fair Recovery
To receive fair compensation, you must be able to prove the full extent of your losses, which are legally referred to as "damages." These go far beyond the repair estimate for your car. Damages are meant to compensate you for every way the accident has negatively impacted your life. It is helpful to think of them in two main categories.
- Economic Damages. These are the specific, calculable financial losses you have incurred because of the accident. This includes all of your past and future medical expenses, lost income from being unable to work, the cost to repair or replace your vehicle, and any other out-of-pocket costs.
- Non-Economic Damages. These losses are less tangible but just as real and significant. They are intended to compensate you for the human cost of the accident, such as physical pain and suffering, emotional distress and anxiety, scarring or disfigurement, and the loss of your ability to enjoy daily activities and hobbies.
Properly documenting both types of damages is essential to showing the insurance company the true impact the accident has had on your life.
Why You Might Consider Speaking with a Houston Car Accident Lawyer
Handling the aftermath of a car accident on your own can be an uphill battle, especially when you are trying to heal from your injuries. Navigating complex insurance policies and Texas law while an adjuster is pressuring you can be a heavy burden. An experienced car accident attorney can lift that weight from your shoulders, manage the details, and advocate for your best interests.
You may want to consider getting legal guidance in several situations, including:
- When you have suffered serious injuries that require significant medical treatment.
- When the other driver’s insurance company is disputing fault or denying your claim.
- When you receive a settlement offer that seems far too low to cover your losses.
- When the accident involves a commercial vehicle, a drunk driver, or a government entity.
A knowledgeable legal partner can level the playing field, ensuring that the insurance company treats you fairly and that you have a strong advocate fighting for your full compensation.
FAQ for What to Do After a Car Accident
Here are answers to some common questions we hear from people who have been involved in a crash.
What if the other driver doesn't have insurance or fled the scene?
If you have Uninsured/Underinsured Motorist (UM/UIM) coverage on your own policy, you can file a claim with your own insurance company. This coverage is designed to protect you in hit-and-run situations or when the at-fault driver has no insurance or not enough insurance to cover your damages.
How much does it cost to hire a personal injury lawyer?
Most personal injury law firms work on a contingency fee basis. This means you do not pay any attorney's fees upfront. The firm is only paid a percentage of the settlement or verdict they obtain for you. If you do not recover any money, you do not owe any attorney's fees.
Should I get my car repaired right away?
It is generally best to wait until the insurance company has had a chance to inspect the vehicle and assess the damage. Repairing it too soon could hurt your property damage claim. However, you should also take reasonable steps to prevent further damage, like covering a broken window.
How long will my car accident case take to resolve?
The timeline for a car accident claim varies widely. A straightforward case with minor injuries might settle in a few months. A complex case involving serious injuries and disputed fault could take a year or longer, especially if a lawsuit needs to be filed. Patience is often key to achieving a fair outcome.
What if I was a passenger in the car accident?
As an injured passenger, you generally have the right to seek compensation. You may be able to file a claim against the insurance policies of one or both drivers involved, depending on who was at fault for the crash. Your status as a passenger typically means you bear no fault for the accident.
Let Us Handle the Ride from Here
You have been through enough. The stress and pain of a car accident should not be made worse by the fight with an insurance company. You need a team focused on your well-being and dedicated to holding the at-fault party accountable.
At Suits & Boots Accident Injury Lawyers, we know the impact a crash in Houston can have on your life. We combine compassionate support with determined advocacy to help our clients heal, recover, and move forward. Using our proprietary Max Money Method, we dig deep to find every avenue of compensation. Let the WORK of the BOOTS and the SKILL of the SUITS get you a full and fair recovery.
Claim or start your free 30-Day Investigation today by calling us at (713) 489-0922 or reaching out through our online form. There is no cost and no obligation, just a straightforward assessment of your case so you can get the answers you need.