Immediately After the Accident: What to Do at the Scene
The first 15 minutes after a Texas car accident are critical. Your actions at the scene directly impact both your safety and your insurance claim. Follow these steps in order:
Check for Injuries and Move to Safety
Before anything else, check if you or any passengers are injured. If the vehicles are drivable and it's safe, move them to the shoulder or a nearby parking lot to clear traffic. Turn on hazard lights and place warning triangles if available. In Texas, remaining at the scene is legally required — leaving is a criminal offense.
Call 911
Texas law requires calling police when an accident results in injury, death, or property damage over $1,000. Even for minor accidents, a police report creates an official record that's invaluable for insurance claims. In the DFW area, response times vary — be prepared to wait, especially on busy highways like I-30 or I-35.
Document Everything
While waiting for police, document the scene thoroughly. Use your phone to photograph: all vehicles from multiple angles, license plates, any visible damage, road conditions, traffic signs, skid marks, and the general accident area. More photos are always better than fewer.
Exchange Information
Collect from every other driver: full name, address, phone number, driver's license number, license plate number, insurance company name, and insurance policy number. Also collect contact information from any witnesses — their accounts can be crucial if fault is disputed.
Do NOT Admit Fault
Never say 'I'm sorry,' 'It was my fault,' or any similar statement — even out of politeness. Texas uses a modified comparative fault system, and any admission of fault can reduce or eliminate your ability to recover damages. Let the investigation determine fault based on evidence.
Get the Police Report Number
Before officers leave, get the responding officer's name and badge number, and the police report number. This allows you to retrieve the full report (usually available within 3–5 business days) which you'll need for your insurance claim.
Filing Your Insurance Claim in Texas
After leaving the scene, your next priority is notifying your insurance company. Texas law establishes clear timelines that both you and your insurer must follow:
Texas Insurance Claim Timelines
Which Claim Do You File?
Third-Party Claim (Against At-Fault Driver's Insurance)
If another driver was clearly at fault, you can file a claim directly with their liability insurer. This is called a third-party claim. The at-fault driver's insurer is obligated to investigate and pay valid claims. Advantage: doesn't affect your own policy. Disadvantage: can be slower, and the other insurer represents their client — not you.
First-Party Claim (Against Your Own Insurance)
If you have collision coverage, you can file with your own insurer for vehicle repairs. If you have PIP or MedPay, you can file for medical expenses regardless of fault. Your insurer may then subrogate (recover costs from the at-fault driver's insurer). Advantage: often faster. Disadvantage: may require paying your deductible.
Both Claims Simultaneously
You can file with both insurers at the same time. This is especially useful when fault is disputed or when you need your vehicle repaired quickly. Your insurer will coordinate with the at-fault driver's insurer to sort out final responsibility.
How Texas Fault Rules Affect Your Claim
Texas uses a modified comparative fault system — specifically, the 51% rule. See our at-fault accident guide for a full breakdown. This means:
0% at fault
Full recovery of damages from at-fault driver
20% at fault
Recover 80% of damages (reduced by your share of fault)
49% at fault
Recover 51% of damages — you still have a valid claim
51% or more at fault
No recovery — you cannot collect from the other driver
This is why at-fault determination matters so much in Texas. A seemingly minor dispute over who had the right of way can dramatically change what you recover. Insurance adjusters and opposing attorneys are well-versed in these rules — you should be too.
Protecting Your Rights During the Claims Process
Don't Give a Recorded Statement Without Preparation
Insurers — including your own — may ask for recorded statements. You're generally required to cooperate with your own insurer, but you're not required to give one to the other driver's insurer. Before providing any recorded statement, understand your rights and consider consulting an attorney if injuries are involved.
Get Independent Repair Estimates
Don't rely solely on the insurance company's preferred repair shop or adjuster estimate. Get 2–3 independent estimates for vehicle repairs. In Texas, you have the right to use any licensed repair shop — insurers cannot legally force you to use their preferred vendors.
Keep All Documentation
Save every piece of accident-related paperwork: medical bills, repair estimates, rental car receipts, prescription costs, and anything you spend out of pocket as a result of the accident. Document missed work days and lost wages carefully.
Watch Deadlines Carefully
Texas has a 2-year statute of limitations for accident-related personal injury and property damage claims. If you're injured and think you may need to pursue legal action, don't wait. The clock starts on the accident date.
Understand Your Right to an Appraisal
If you and your insurer disagree on the value of your vehicle or the amount of damage, Texas policies typically include an appraisal clause allowing you to hire an independent appraiser. This is an underused right that can significantly increase your claim settlement.
Will My Insurance Go Up After an Accident in Texas?
This is one of the most common questions after an accident. The honest answer is: it depends. Here's how Texas insurers typically handle rate increases:
| Scenario | Likely Rate Impact | Duration |
|---|---|---|
| At-fault accident, significant damage | +20–40% increase | 3–5 years on record |
| At-fault accident, minor damage only | +10–20% increase | 3 years typically |
| Not-at-fault accident (carrier varies) | May stay the same or +5–10% | Varies by carrier |
| Accident with injuries (at-fault) | +30–50% increase | 3–5 years |
| Claim with 'accident forgiveness' | No increase (first accident) | Benefit resets after 3–5 years |
| Hit-and-run claim (UM coverage) | Usually no increase | Policy-specific |
Pro Tip: Shop at Renewal
If your rate increases significantly after a claim, shop your coverage at renewal time. Different carriers weigh accident history differently — you may find a better rate with another carrier even with the accident on your record. A-LA Auto Insurance compares 35+ carriers and can often find lower rates for drivers even with claims history.
Conclusion
A car accident is stressful and disorienting — but knowing exactly what steps to take beforehand can make a significant difference in your outcome. Document everything at the scene, report promptly to your insurer, understand Texas's fault rules, and don't be afraid to advocate for yourself throughout the claims process. If your rate increases after an accident, remember that the DFW insurance market is competitive and rates can often be improved by shopping with an independent agent. A-LA Auto Insurance is here to help DFW drivers before, during, and after accidents — from finding the right coverage to navigating the claims process with confidence.
Make Sure You Have the Right Coverage Before an Accident
The best time to review your coverage is before you need it. Our DFW agents will make sure you have the right liability, collision, UM/UIM, and PIP coverage for Texas roads.
A-LA Auto Insurance Team
Written by licensed insurance professionals at A-LA Auto Insurance, serving the Dallas-Fort Worth community since 2021. Our bilingual agents compare 35+ carriers to find affordable coverage for every driver — no credit check, no US license required.