Car Accident Claims in Texas: What You Need to Know to Maximize Your Compensation
In Texas, car accident claims can involve more than just filing a form and waiting for a check. Whether you're dealing with medical bills, a totaled vehicle, or missed work, understanding your legal rights is essential to recovering full compensation. In this guide, you'll learn what to do after a car accident, how fault is determined, and how to strengthen your claim from day one. Jump to Texas-specific law.
Understanding the Car Accident Claim Process

After a crash, most injury claims begin by filing a report with the at-fault driver's insurance. But even if liability seems obvious, insurers will often look for ways to delay, deny, or underpay your claim. Here's what you can expect:
- Investigation: The insurance company investigates who was at fault.
- Medical Review: They'll scrutinize your medical records and treatment.
- Settlement Negotiation: They may offer a lowball settlement, hoping you’ll accept it early.
- Lawsuit: If no fair settlement is reached, your attorney may file suit.
Important: Don’t speak to the at-fault party’s insurance without legal advice. They may record your statement and use it against you. Instead, let a car accident lawyer handle negotiations on your behalf.
What Damages Can You Recover?
- Medical expenses: Emergency care, surgery, rehab, prescriptions, future treatment
- Lost income: Missed work, reduced earning capacity
- Property damage: Vehicle repair, rental car, towing
- Pain and suffering: Chronic pain, anxiety, PTSD, reduced enjoyment of life
- Wrongful death: Funeral costs and loss of companionship if a loved one is killed
In rare cases involving drunk driving or reckless behavior, you may also qualify for punitive damages under Texas law.
How Is Fault Proven in Texas?
Texas follows a "modified comparative fault" rule. That means if you’re found partially at fault, your compensation is reduced proportionally. If you are more than 50% at fault, you cannot recover damages. That's why evidence is critical.
- Photos of the crash scene and damage
- Police accident reports
- Eyewitness statements
- Medical documentation
- Dash cam or surveillance footage
Preserving this evidence early can make the difference between a denied claim and a six-figure settlement. The Texas rules of evidence outline what is admissible in court and how your lawyer can use it to build your case.
Texas Car Accident Laws: Know the Deadlines
Under Texas Civil Practice & Remedies Code § 16.003, you generally have two years from the date of the crash to file a personal injury lawsuit. Miss that deadline and you may lose your right to recover anything.
Additional Texas-specific rules:
- Required insurance: $30,000 per injured person, $60,000 total per accident, $25,000 property damage minimum
- SR-22: May be required after certain crashes, especially without insurance
- Comparative fault: You can only recover damages if you’re 50% or less at fault
Can You Still File If You Didn’t Go to the Hospital Right Away?
Yes—but it may be harder to prove your case. Insurance companies often argue that delays in care mean the injuries aren’t serious. That’s why seeing a doctor within 24 hours is critical. A lawyer can also help document delayed-onset conditions like concussions or soft tissue injuries.
How Francis Injury Can Help You Win
Michael Francis is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization—an honor held by fewer than 2% of lawyers in the state. He’s recovered tens of millions for accident victims and leads a skilled team at Francis Injury with offices in Fort Worth, Dallas, and Southlake.
Our firm handles:
- Car Accidents
- Truck Accidents
- Motorcycle Crashes
- Pedestrian Accidents
- Slip & Fall / Premises Liability
Injured in a Car Crash?
Francis Injury has recovered millions for Texans injured in auto collisions, commercial truck crashes, and more. Don’t face the insurance companies alone.
Request Your Free Case ReviewCar Accident FAQs
How long do I have to file a car accident claim in Texas?
You have 2 years from the date of the crash in most cases. The sooner you act, the stronger your case.
Should I accept the first settlement offer?
No. Insurance companies often start with a lowball offer. A lawyer can negotiate for full compensation.
Can I recover if I was partially at fault?
Yes. Texas allows you to recover damages if you’re 50% or less at fault, but your award will be reduced accordingly.
What if I wasn’t wearing a seatbelt?
The insurance company may try to reduce your compensation, but you may still be eligible for recovery. Let an attorney advise you.
What if the other driver didn’t have insurance?
You may still recover through uninsured motorist (UM) coverage on your own policy. Your lawyer can guide you through that process.
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