How to File a Car Accident Claim in Texas - Houston Car Accident Lawyers

Filing a car accident claim in Texas means reporting the crash to the insurer, documenting your injuries and property damage, and submitting your losses for review. Texas is an at-fault state, so the driver responsible for the crash, through their insurer, is generally the one who pays. This is general information, not legal advice.

Step 1: Handle the scene and get a crash report

Everything downstream is easier when the crash is documented well. If you are able, exchange names, insurance, and vehicle information; photograph the vehicles, the roadway, and any visible injuries; and get contact details for witnesses. When police respond, an officer typically prepares a Texas Peace Officer’s Crash Report, known as Form CR-3.

You can later buy certified or regular copies of the CR-3 from the Texas Department of Transportation through the Crash Records Information System (CRIS) at cris.dot.state.tx.us for a small fee. That report becomes a key piece of documentation when you file, so plan to obtain it.

Step 2: Get medical care and keep records

See a medical provider promptly, even if you feel only mildly hurt. Some injuries surface days later, and a gap in treatment can be used to question whether the crash caused them. From the first visit forward, keep every bill, discharge instruction, prescription, and follow-up record. This documentation is the backbone of an injury claim, because it connects the crash to your losses.

Step 3: Notify the insurers

Report the crash to your own insurer promptly, since most policies require timely notice. Because Texas follows an at-fault (tort) system, you generally pursue the driver who caused the crash by filing a liability claim against their insurer. You may also use your own coverage in some situations, such as collision coverage for vehicle repairs or uninsured/underinsured motorist coverage if the at-fault driver has no insurance or too little.

When you notify an insurer, stick to the basic facts of what happened. You are not required to speculate about fault or characterize injuries you are still having evaluated.

Step 4: Build and submit your claim

A well-organized claim is easier to evaluate and harder to minimize. Gather:

The CR-3 crash report and any photos or witness information
Medical records and itemized bills
Proof of lost wages, if you missed work
Repair estimates or a total-loss valuation for your vehicle
Receipts for out-of-pocket expenses tied to the crash

Submit these to the appropriate insurer and keep copies of everything you send. An adjuster will review the file, investigate, and respond, often with an initial offer. Remember that a first offer is a starting point, not necessarily a fair valuation.

Step 5: Understand fault, deadlines, and negotiation

Texas uses modified comparative negligence under Chapter 33. You can recover damages as long as you are not found more than 50 percent at fault, but your recovery is reduced by your share of the blame. If you are 51 percent or more at fault, you are barred from recovering. This is why fault is so heavily contested and why documentation matters.

Mind the clock as well. Most Texas injury claims must be filed within two years of the crash (Tex. Civ. Prac. & Rem. Code section 16.003). Settling a claim is typically final, so evaluate any offer against your full documented losses before accepting. Negotiation often takes several exchanges, and you can counter with records that support a higher number.

Frequently asked questions

Do I file against my own insurance or the other driver’s?

In an at-fault state like Texas, you generally file a liability claim against the driver who caused the crash. You may also use your own coverage in certain situations, such as collision or uninsured/underinsured motorist coverage. This is general information, not legal advice.

How long do I have to file a claim in Texas?

Most injury claims have a two-year statute of limitations from the date of the crash under Tex. Civ. Prac. & Rem. Code section 16.003. Deadlines can vary by situation, so it is wise not to wait until the last minute.

What if I was partly at fault?

Under Texas modified comparative negligence, you can still recover if you are not more than 50 percent at fault, but your recovery is reduced by your percentage of blame. At 51 percent or more, recovery is barred.