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.

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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.

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