"I didn't see you"
Used to argue you were inattentive and partially at fault.
Free Texas Car Accident Guide
What To Do After A Car Accident in Texas
Know what to do, what to say, and how to protect your claim from day one.
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The Guide
Step by Step — What
To Do Right Now
Every step below is specifically calibrated for a car accident. The order matters — some of these actions have a window measured in hours, not days.
At the Scene
Document Everything Immediately
Photograph all vehicles, damage, skid marks, traffic signals, road conditions, and any visible injuries. Video is even better. Get the other driver's name, license plate, insurance card, and driver's license. Collect witness names and phone numbers
- All vehicle damage from every angle
- License plates, VINS, insurance cards
- Road conditions, traffic signs, signals
- Weather conditions and time of day
- Your own injuries - even minor ones
Speak Only with Police
Give your statement only to the responding officer. Do not speak to the other driver's insurance company, their attorney, or any representatives at the scene. Your words will be recorded and used.
Within 24 Hours
Seek Medical Attention Same Day
See a doctor even if you feel fine. Whiplash, soft tissue injuries, and concussions often don't manifest for hours or days. Texas insurance companies aggressively use gaps in medical care to argue your injuries were not caused by the accident.
Key rule: A same-day medical record creates a direct, documented link between the crash and your injuries. Do not wait.
Call a Car Accident Attorney
Contact AK Law before speaking to any insurance company. Once an attorney is on your case, all communication goes through them. This protects you from adjuster tactics designed to minimize your claim.
Free consultation: No cost, no commitment. AK Law will tell you what your case may be worth before you decide anything.
Notify Your Own Insurer - Briefly
You are required to notify your own insurance company of the accident. Keep it brief — date, location, and that you are seeking legal counsel. Do not give a full recorded statement to any insurer until you have spoken with an attorney.
Do Not Accept Any Settlement Offer
Early settlement offers come before the full extent of your injuries is known. Once you accept and sign a release, you cannot go back for more — even if your injuries worsen. Never sign anything without your attorney reviewing it first.
Red flag: Any offer that arrives within days of the accident is designed to close your claim cheaply before you know what it's worth.
Ongoing
Keep a Written Record
Document your recovery daily — pain levels, missed work, activities you can no longer do, medical appointments, out-of-pocket expenses. This diary becomes evidence of pain and suffering and lost quality of life.
Follow Your Treatment Plan
Attend every medical appointment and follow your doctor's instructions. Gaps in treatment or non-compliance give insurers grounds to argue your injuries are not serious or that you failed to mitigate your damages.
What Not to Say
Words That Can
Kill Your Claim
The other driver's insurance adjuster is a trained professional whose sole job is to minimize your payout. These are the phrases they are specifically trained to get from you.
"I feel fine" / "I'm okay"
Permanently undermines injury claims — even if symptoms appear later.
"I think" / "I'm not sure" / "Maybe"
Any uncertainty you express will be exploited against you.
"I was in a hurry" / "I was distracted"
Directly assigns you comparative fault and reduces your recovery.
"Sure, you can record this."
You are not required to give a recorded statement to the other insurer — ever.
"I'm sorry" / "I apologize"
Treated as an admission of fault regardless of context.
Texas uses a 51% bar rule:
If you are found 51% or more at fault, you recover nothing. At 50% or less, your damages are reduced proportionally. In a truck case, the defense team is specifically focused on assigning you a percentage of fault that meets or exceeds 51% — every statement you make at the scene is evidence they can use.
Know Their Tactics
What the Insurance
Adjuster Is Trained to Do
Insurance adjusters handle hundreds of claims per year. They are not on your side. These are the six most common tactics used to minimize car accident payouts in Texas.
01
Call You Immediately
They contact you within hours — before you've spoken to an attorney, understood your rights, or know the full extent of your injuries. Speed is their advantage.
02
Request a Recorded Statement
They frame it as routine. It is not. Recorded statements are reviewed by defense attorneys looking for anything that assigns you fault or limits your injuries.
03
Offer a Quick Settlement
A fast check feels helpful. It is calculated to close your claim before the full scope of injuries, future medical costs, and lost wages is known.
04
Question Your Medical Treatment
They challenge whether treatment was necessary, whether you went too often, or whether your injuries existed before the accident. Every gap in care is a weapon.
05
Dispute Liability
Even in clear-cut cases, insurers argue comparative fault. Texas's 51% rule means every percentage point of fault assigned to you directly reduces your recovery.
06
Delay, Then Low-Ball
If early tactics fail, they delay the process until you are financially pressured — then offer a final low settlement knowing you need money for bills.
FAQ
Common Questions
How much does it cost to hire AK Law?
Nothing upfront. Nothing out of pocket. Ever.
AK Law works on a contingency fee basis, meaning you pay no attorney fees unless we win your case. If there is no recovery, you owe nothing.
What is the deadline to file a car accident claim in Texas?
2 years from the date of the accident — this is the statute of limitations for personal injury lawsuits under Texas Civil Practice & Remedies Code § 16.003(a). Property damage claims carry the same 2-year deadline.
Do I have to give a recorded statement to insurance company?
It depends on which insurer is asking.
Your own insurer yes, potentially. Your policy contains a cooperation clause requiring you to assist in the investigation. Your insurer may request a recorded statement or an Examination Under Oath (EUO). Refusing outright can give them grounds to deny your claim or seek abatement of coverage — courts have allowed this where the insurer demonstrates prejudice (PAJ, Inc. v. Hanover Ins. Co.). However, you have the right to have an attorney present and to schedule this on your terms.
The at-fault driver's insurer, no. You have no legal or contractual obligation to give a recorded statement to the other driver's insurance company. They are adverse to your interests. Texas law and the Texas Department of Insurance rules (28 TAC § 21.203) do not require third-party claimants to submit to recorded statements. You can — and generally should — decline until you have spoken with an attorney.
What if I was partially at fault for the accident?
You may still recover, unless you were more than 50% at fault.
Texas follows a modified comparative fault rule under Texas Civil Practice & Remedies Code Chapter 33. Your recovery is reduced by your percentage of fault — but eliminated entirely if you are found greater than 50% responsible (the "51% bar").
How long will my car accident case take?
It depends primarily on whether your case settles or goes to trial.
If it settles (most cases do):
Investigation & medical treatment: 1–6+ months (injury-dependent)
Demand letter preparation: 1–2 months after reaching maximum medical improvement
Negotiation with insurer: weeks to 2–6 months
