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

Filing a car accident claim in Texas comes down to three things: report the crash to the insurer, document your injuries and property damage, and put your losses in front of them for review. Texas is an at-fault state, so the driver who caused 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 after this gets easier when the crash is documented well. If you’re able to, trade names, insurance, and vehicle information; photograph the vehicles, the roadway, and any visible injuries; and grab contact details for witnesses. When police respond, an officer usually writes up a Texas Peace Officer’s Crash Report, known as Form CR-3.

You can buy certified or regular copies of the CR-3 later 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 your file, so plan to get it.

Step 2: Get medical care and keep records

See a medical provider right away, even if you feel only mildly hurt. Some injuries don’t show up until days later, and a gap in treatment gives the insurer an opening to argue the crash didn’t cause them. From the first visit on, keep every bill, discharge instruction, prescription, and follow-up record. This documentation is the backbone of an injury claim, because it ties 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 runs an at-fault (tort) system, you generally go after the driver who caused the crash by filing a liability claim against their insurer. You can also use your own coverage in some situations, like 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 don’t have to speculate about fault or characterize injuries you’re still having evaluated.

Step 4: Build and submit your claim

A well-organized claim is easier to evaluate and harder to lowball. Pull together:

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

Send these to the right insurer and keep copies of everything you hand over. An adjuster reviews the file, investigates, and responds, often with an opening offer. Keep in mind that a first offer is a starting point, not 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’re not found more than 50 percent at fault, but your recovery is reduced by your share of the blame. Hit 51 percent or more and you’re barred from recovering. That’s why fault gets fought over so hard, and why documentation matters.

Watch the clock too. Most Texas injury claims have to be filed within two years of the crash (Tex. Civ. Prac. & Rem. Code section 16.003). Settling a claim is typically final, so measure any offer against your full documented losses before you accept. 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 can 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 don’t wait until the last minute.

What if I was partly at fault?

Under Texas modified comparative negligence, you can still recover if you’re 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.