Personal Injury

How to help yourself in the aftermath of a car accident

By Ted Smith, Attorney · Originally published January 15, 2019. Updated July 16, 2026.

Texas law requires drivers to show financial responsibility, usually through auto insurance, though state law recognizes other methods. Having coverage and getting that coverage to actually pay you are two different things. What you do in the hours and days after a car accident, what you write down, who you call, and what you sign, has a real effect on how smoothly your claim goes. Here is how to help yourself in the aftermath, before an adjuster ever gets involved.

Document the Scene While It’s Fresh

If you are not gravely injured, gather as much information as you safely can. Note the date, time, and exact location, including the intersection or mile marker. Write down the weather and traffic conditions, and whether a traffic signal or sign controlled the movements of everyone involved, and if it was working. Do this while the details are still clear in your mind, and sketch the collision if you can.

Get the other driver’s full name, address, insurance company, policy number, license plate, and vehicle make, model, and year. Photograph both vehicles, the damage, and the accident scene itself, including any skid marks, debris, or road conditions that help explain how the crash happened. If there were witnesses, get their names and phone numbers before they leave, since people who saw the accident are often willing to talk right after it happens and much harder to track down weeks later. Even when police respond and file a report, do not assume it captures everything. Police and crash reports are useful, but they are not foolproof, and your own notes and photos can fill in gaps.

Notify Your Insurance Carrier Right Away

Even if you believe the accident was not your fault, tell your own carrier as soon as it is practical to do so. If your policy includes Personal Injury Protection, you may be able to recover medical bills from your PIP carrier up to your policy limit, regardless of fault. Personal Injury Protection is included on Texas auto policies unless you declined it in writing, so it is worth checking your declarations page if you are not sure whether you have it.

If the accident was the other driver’s fault, you will also want to open a claim with that driver’s carrier. Be careful about what you say to a third-party adjuster, and talk to an attorney before agreeing to give a recorded statement or signing any release, unless you are confident the amount offered is fair. It’s easy to feel pressure to answer quickly, especially if the adjuster is friendly on the phone, but nothing about your claim requires you to make that decision on the spot.

Give the Claim Time for a Fair Review

Claim timing and settlement offers vary with the facts, available records, coverage, and disputes over fault or damages. Before accepting an offer, consider whether your treatment and losses are fully documented. Texas law generally gives you two years after a claim accrues to file a personal injury lawsuit, subject to exceptions. That statutory deadline concerns filing suit, not settling the claim, and it can close while negotiations continue.

Watch What You Say and Post

Adjusters, and sometimes defense attorneys, look at more than your recorded statement. What you post on social media in the days after a wreck can end up in your file too. A photo that looks like you’re out having a great time, even if it’s from before the accident or has nothing to do with your injuries, can be used to argue you aren’t hurt as badly as you say. The safest approach is to say less publicly while your claim is open, and to let your medical records, not your Instagram feed, tell the story of your recovery.

When to Call an Attorney

If adjusters are giving you the runaround, or you were hurt too badly to build your own claim in the immediate aftermath, you can contact a licensed attorney whose job is to advocate for you. An attorney tracks your filing deadlines and explores every avenue of recovery, from the at-fault driver’s liability coverage to your own PIP and UM/UIM policies, so nothing gets left on the table. I served as an active-duty Army JAG officer at Fort Hood before spending decades practicing in Bell County, and our team has served Central Texas drivers and their families since 1976.

FAQ

Should I still gather information if the police are already on scene? Yes. Your own notes and photos often catch details a crash report misses, and they belong to you, not the county.

Do I have to give the other driver’s insurance company a recorded statement? You are generally not required to give one to the other party’s insurer. Talk to an attorney before you do.

How long do I have to file a personal injury lawsuit in Texas? Texas law generally allows two years after the claim accrues to file suit, subject to exceptions. This is a filing deadline, not a deadline to settle, so confirm yours early.

What if I already talked to the adjuster before calling a lawyer? It happens. An attorney can still take over communications with the adjuster and review anything you have already said or signed.

Sources

Led by Ted Smith, our personal injury team has served the citizens of Central Texas since 1976. Call or text (254) 690-5688 for a free consultation.