What To Do After a Car Accident
in Texas: Step-by-Step Guide

Immediately After Impact

• Check for injuries: Assess yourself and passengers for visible injuries or severe pain
• Move to safety: If vehicles are drivable and it’s safe, move to the shoulder or a nearby parking lot. If not, turn on hazard lights and stay inside with seatbelts fastened
• Set up warning devices: Use hazard lights, flares, or reflective triangles if available
• Assess the scene: Look for hazards like leaking fuel, downed power lines, or oncoming traffic

When NOT to Move Your Vehicle

Dr. Hamel’s Expert Insight: “I can’t stress this enough: if you feel any neck or back pain, stiffness, or dizziness, do NOT move unless your life is in immediate danger. Spinal injuries can be worsened by movement. Wait for paramedics who have the training and equipment to immobilize your spine before moving you.”

• If anyone is seriously injured (moving them could worsen spinal injuries)
• If the vehicle is unstable or leaking fluids
• If you’re on a busy highway where exiting is dangerous
• If law enforcement instructs you to stay put

When to Call 911

In Texas, you must call 911 if: - Anyone is injured or killed - Vehicle damage exceeds $1,000 - A driver is uninsured - A driver flees the scene (hit-and-run) - A driver appears intoxicated Even for minor accidents, calling 911 is strongly recommended. The police report becomes crucial documentation for insurance claims and potential legal action.

What to Tell the Dispatcher

• Your exact location (street names, landmarks, mile markers)
• Number of vehicles involved
• Number of people injured and severity
• Any hazards (leaking fuel, fire, blocked traffic)
• Whether anyone is trapped in a vehicle

The Police Report

When officers arrive: - Be factual: Describe what happened without admitting fault or blaming others - Provide your license, registration, and insurance: As required by Texas law - Get the officer’s name and badge number: For follow-up questions - Ask how to obtain the report: Usually available within 5-10 business days Dr. Hamel’s Expert Insight: “The police report is one of the most important documents for your case. Insurance companies and attorneys rely heavily on it. Be honest, be factual, and avoid speculation. Even saying ‘I’m sorry’ can be interpreted as an admission of fault. Stick to the facts: time, location, weather conditions, and what you observed.”

Photograph Everything

• Vehicle damage: All vehicles from multiple angles, including close-ups and wide shots
• The accident scene: Skid marks, debris, traffic signals, road conditions
• License plates: Of all vehicles involved
• Insurance cards: Both sides
• Your injuries: Any visible bruises, cuts, or swelling (photograph daily as they develop)
• Weather and lighting conditions: These can affect liability determinations

Gather Witness Information

• Names and phone numbers of any witnesses
• Brief statement of what they saw
• Note if they were in other vehicles, pedestrians, or nearby business employees

Note Environmental Factors

Dr. Hamel’s Expert Insight: “I’ve seen cases where a simple photograph of a hidden stop sign or obscured traffic light completely changed liability determination. Take more photos than you think you need—you can’t go back and recreate the scene later. Also, photograph your injuries immediately and then daily for the first week. Bruising and swelling often develop over 24-72 hours, and these photos prove the severity of your injuries.”

• Weather conditions (rain, fog, sun glare)
• Road conditions (wet, icy, construction)
• Traffic signals and signs
• Time of day and lighting

Information to Collect

• Full name and contact information
• Driver’s license number
• License plate number
• Insurance company and policy number
• Vehicle make, model, and year
• Vehicle identification number (VIN)

Information to Provide

• The same information listed above

What NOT to Do

• Don’t admit fault: Even saying “I didn’t see you” can be used against you
• Don’t discuss injuries: Saying “I’m fine” can damage your claim if symptoms appear later
• Don’t agree to settle privately: Always go through insurance for documentation
• Don’t sign anything from the other driver or their insurance without legal review

Why the 72-Hour Window Matters

• Medical: Early treatment prevents acute injuries from becoming chronic
• Legal: Insurance companies use treatment delays to deny or minimize claims
• Documentation: Creates a clear link between the accident and your injuries
• Hidden injuries: Many serious injuries (whiplash, concussions, internal bleeding) don’t show symptoms immediately

Where to Go

Dr. Hamel’s Expert Insight: “The ER is essential for ruling out life-threatening injuries, but they rarely address the musculoskeletal damage that causes ongoing pain. After the ER clears you, see a chiropractor within 24-72 hours. We specialize in the injuries—whiplash, herniated discs, soft tissue damage—that ERs don’t treat but that cause months of pain if left unaddressed. And from a legal standpoint, documenting these injuries immediately protects your claim.”

• Emergency Room: For severe pain, loss of consciousness, bleeding, or suspected fractures
• Urgent Care: For moderate pain and visible injuries
• Chiropractor: For neck pain, back pain, headaches, and musculoskeletal injuries
• Primary Care Physician: For follow-up and coordination of care

What to Tell Your Doctor

• Exact details of the accident (speed, direction of impact, seatbelt use)
• All symptoms, even minor ones
• Previous injuries or conditions in the same areas
• Medications you’re taking
• Your activity level and job requirements

Documentation Your Doctor Should Provide

At Kingwood Chiropractic Spine and Injury Center, Dr. Hamel provides comprehensive documentation specifically designed for insurance claims and legal proceedings. Learn more about our car accident injury treatment.

• Detailed examination notes
• Diagnosis and treatment plan
• Work restriction recommendations (if applicable)
• Referrals for imaging or specialist care
• Follow-up appointment schedule

When to Notify

Most insurance policies require notification “as soon as reasonably possible”—typically within 24-72 hours. Delayed notification can result in claim denial.

What to Tell Your Insurance

• Date, time, and location of the accident
• Names and insurance information of other drivers
• Police report number
• Brief factual description of what happened
• That you’re seeking medical evaluation

What NOT to Tell Your Insurance

• Don’t admit fault
• Don’t minimize your injuries (“I feel okay” can be used against you later)
• Don’t agree to a recorded statement without legal advice
• Don’t accept a settlement offer without understanding the full extent of your injuries

Texas Is a “Fault” State

Texas uses a “modified comparative fault” system. This means: - The at-fault driver’s insurance pays for damages - You can file a claim with the at-fault driver’s insurance, your own insurance, or both - If you’re found more than 50% at fault, you cannot recover damages - Your compensation is reduced by your percentage of fault Dr. Hamel’s Expert Insight: “I always recommend my patients notify their own insurance immediately, even if the other driver was clearly at fault. Your insurance company has a duty to protect your interests, and they can pursue the at-fault driver’s insurer on your behalf. Also, if the other driver is uninsured or underinsured, your own policy’s uninsured motorist coverage becomes essential.”

Personal Injury Protection (PIP)

• What it covers: Medical expenses and lost wages regardless of fault
• Texas requirement: Insurers must offer at least $2,500; you can purchase more
• Key benefit: No deductible, no copay, no fault determination needed
• Time limit: Must file within 3 years of the accident

Uninsured/Underinsured Motorist Coverage (UM/UIM)

• What it covers: Your damages when the at-fault driver has no insurance or insufficient coverage
• Texas statistics: Approximately 14% of Texas drivers are uninsured—one of the highest rates in the US
• Key benefit: Protects you from irresponsible drivers

Medical Payments Coverage (MedPay)

• What it covers: Medical expenses for you and your passengers
• Difference from PIP: Doesn’t cover lost wages; may be subrogated (your insurer seeks reimbursement from the at-fault driver)

Health Insurance

Dr. Hamel’s Expert Insight: “Many of my patients don’t realize they have PIP coverage because they declined it when they bought their policy. Check your declarations page—if you have PIP, it covers your chiropractic care with no out-of-pocket cost to you. If you declined it, consider adding it at your next renewal. For the small premium increase, the protection is invaluable.”

• Can cover treatment while you pursue auto insurance reimbursement
• May require you to pursue auto insurance first
• Keep all receipts and documentation for reimbursement

Medical Records

• All doctor visit notes and diagnoses
• Imaging results (X-rays, MRI, CT scans)
• Treatment plans and progress reports
• Medication lists and prescriptions
• Receipts for all medical expenses

Financial Records

• Medical bills (even if insurance pays)
• Prescription receipts
• Transportation costs to medical appointments
• Parking fees at medical facilities
• Mileage to and from appointments
• Lost wage documentation from your employer
• Costs for household services you can’t perform due to injuries

Personal Journal

Dr. Hamel’s Expert Insight: “I encourage every car accident patient to keep a daily symptom journal. Insurance companies and juries don’t just want to know your diagnosis—they want to understand how your injuries affect your life. ‘I can’t pick up my child’ or ‘I haven’t slept through the night in three weeks’ are powerful statements that medical records alone can’t convey. Your journal becomes evidence of your pain and suffering.”

• Daily pain levels (1-10 scale)
• Activities you can’t perform
• Sleep quality and duration
• Mood and emotional state
• Impact on relationships and quality of life

Why Compliance Matters

• Medical: Skipping appointments slows healing and can worsen conditions
• Legal: Insurance companies use missed appointments to argue your injuries aren’t serious
• Financial: Gaps in treatment reduce your settlement value

What “Following Your Treatment Plan” Means

Dr. Hamel’s Expert Insight: “Nothing damages a personal injury case more than gaps in treatment. If you miss two weeks of appointments because you ‘felt better,’ the insurance adjuster will argue you were healed and any subsequent treatment was unnecessary. Even if your pain decreases, complete the recommended course of treatment. Your body is compensating—stopping early often leads to chronic problems that are much harder to treat later.”

• Attend ALL scheduled appointments
• Complete prescribed home exercises
• Take medications as directed
• Follow activity restrictions
• Keep follow-up appointments even if you feel better
• Communicate with your providers about any changes in symptoms

Treatment Timeline Expectations

At Kingwood Chiropractic Spine and Injury Center, Dr. Hamel creates personalized treatment plans and provides detailed documentation for every visit. Schedule your evaluation today.

When You Need an Attorney

• Moderate to severe injuries
• Disputed liability
• Uninsured or underinsured at-fault driver
• Insurance company delaying or denying your claim
• Complex multi-vehicle accidents
• Commercial vehicle involvement
• Permanent injuries or disability

When You Might Not Need an Attorney

• Minor injuries with clear liability
• Property damage only
• Insurance company offering fair settlement quickly

How Attorneys Help

• Investigate the accident and gather evidence
• Handle all communication with insurance companies
• Calculate the full value of your claim (including future medical costs)
• Negotiate settlements
• File lawsuits if necessary
• Work with medical providers on liens

Attorney Fees

Most personal injury attorneys work on contingency: - No upfront fees: You pay nothing unless you win - Typical fee: 33-40% of the settlement - Costs: Case expenses (filing fees, expert witnesses) may be deducted from the settlement Dr. Hamel’s Expert Insight: “I work with many excellent personal injury attorneys in the Kingwood and Houston area, and I can tell you that having an attorney typically increases settlement amounts by 3-4 times compared to handling a claim yourself. Insurance adjusters are trained to minimize payouts. An attorney levels the playing field. That said, for very minor injuries, the attorney’s fee might consume most of the increased settlement. I always recommend at least consulting with an attorney—most offer free consultations, so you have nothing to lose.”

Mistake 1: Not Seeking Medical Attention

“I felt fine” is the most expensive sentence you can utter after an accident. Hidden injuries can take days to appear, and delayed treatment weakens both your health and your claim.

Mistake 2: Admitting Fault

Never admit fault at the scene, to the other driver, to police, or to insurance companies. Fault determination is complex and should be left to professionals.

Mistake 3: Accepting the First Settlement Offer

Insurance companies often make low initial offers hoping you’ll accept before understanding the full extent of your injuries. Never settle before completing treatment and consulting an attorney.

Mistake 4: Posting on Social Media

Insurance companies monitor social media. A photo of you at a party or exercising can be used to argue your injuries aren’t serious. Stay off social media until your case is resolved.

Mistake 5: Skipping Medical Appointments

Gaps in treatment are the #1 reason insurance companies reduce settlements. Attend every appointment unless you have a documented emergency.

Mistake 6: Not Documenting Everything

If it’s not documented, it didn’t happen. Keep records of every expense, every symptom, and every conversation related to your accident.

Mistake 7: Waiting Too Long to Act

Texas has a 2-year statute of limitations for personal injury claims. Wait too long, and you lose your right to compensation entirely.

Do I have to go to the ER after a car accident?

Not always. If you have severe pain, bleeding, loss of consciousness, or suspected fractures, go to the ER immediately. For musculoskeletal pain (neck, back, headaches), a chiropractor is often the most appropriate first stop. However, when in doubt, err on the side of caution and go to the ER.

How long do I have to file an insurance claim in Texas?

Most policies require notification within 24-72 hours. For personal injury lawsuits, the statute of limitations is 2 years from the date of the accident.

What if the other driver doesn’t have insurance?

File a claim with your own insurance under your uninsured motorist coverage. If you don’t have UM coverage, consult an attorney about pursuing the driver personally (though recovery is often limited).

Can I see any doctor I want?

Generally yes, though some insurance policies have preferred provider networks. Check your policy or call your insurance company. At our office, we verify your coverage before your first visit.

What if my pain gets worse after I already saw a doctor?

Contact your doctor immediately. Worsening symptoms may indicate a more serious injury or that your treatment plan needs adjustment. Document the change in your symptom journal.

Should I talk to the other driver’s insurance company?

Be very cautious. The other driver’s insurance is NOT on your side. They may try to get you to admit fault or minimize your injuries. Refer them to your attorney, or if you don’t have one, stick to basic facts only.

How much is my car accident case worth?

Case value depends on: medical expenses, lost wages, pain and suffering, property damage, and future medical needs. Minor cases may settle for $5,000-$15,000. Moderate injuries: $15,000-$75,000. Severe injuries: $75,000 to millions. An attorney can provide a realistic estimate after reviewing your case.

What if I was partially at fault?

Texas follows modified comparative fault. You can recover damages as long as you’re not more than 50% at fault. Your compensation is reduced by your percentage of fault. For example, if you’re 20% at fault and your damages are $50,000, you receive $40,000.