What to Do After a Car Accident – A Step by Step Guide

Step-by-Step Guide to Filing a Car Insurance Claim After a Car Accident

1. Remain at the Scene

Texas law dictates that, if involved in a car accident, Texas residents are required to remain at the scene until police arrive if damages or injuries occur to either vehicle involved or to anyone involved. It may seem obvious but hit and runs are illegal with heavy criminal consequences attached – so take every precaution by remaining until help arrives; even mild sensations or discomfort should prompt medical treatment by paramedics at once.

2. Get Out of Harm’s Way

If your vehicle is in an unsafe situation that could pose further threats to you or others on the roadway, it must be moved to a safer area as soon as possible – either to an emergency lane or parking lot, for instance. Once you are confident you have done everything to avoid an accident, take steps to make sure everyone involved in it remains unharmed.

Begin with yourself, your passengers, and then the other motorist involved in the incident. If there are babies or small children present, take special care to make sure that they can perform normal movements without showing signs of distress. You could be the only one available to provide first aid until emergency responders arrive on the scene.

Also read: What to Do After a Minor Car Accident

3. Ensure Safety

It is rather difficult to choose a proper reaction immediately after a car accident as people can become confused and nervous.

Nevertheless, the focus on safety should still be your top priority.

Evaluate the Scenario:

After the crash, it is important to spend a few minutes and try to observe the situation that occurred. This includes checking yourself and any passengers you may have had at the time of the accident for injuries. If it turns out that you or any other person was involved in the accident then it is important to prioritize getting medical care.

Healing minimally severe injuries may also take longer to show the symptoms that are why it is wiser to be careful by calling 911 as soon as possible.

Relocate Vehicles Safely:

When required because the accident may be considered minor and it is safe to do so, consider driving the vehicle to the side of the road. Taking it to the roadside or another safe area may prevent further mishaps from occurring.

Where the vehicles involved are immobile, you can use the hazard lights, cones, warning triangles, or flares to alert other motorists of the presence of the obstruction and thus reduce the chances of other accidents.

Activate Hazard Lights: 

It is necessary to flick on the hazard lights because this will tell other drivers that something is wrong up ahead. This can assist in avoiding other mishaps and will guarantee that the nearby vehicles are slowing down.

Call for Help:

If there are any personal injuries or major damage to the vehicles, dial 911. Explain briefly what has happened, state your location, and call for an ambulance and the police. Comply with any directions given by the emergency dispatcher.

Also read: What to Do After a Minor Car Accident Not Your Fault

4. Exchange Information

Besides the eye witnesses, information exchanged with the drivers involved in the accident will be useful in the process of dealing with the claims and even in legal processes.

Here’s a breakdown of the key details to collect:

Personal Details

Obtain the contact details of all the drivers who were involved in the accident to you. This should include dates of birth, passport numbers, vehicle registration numbers & residential addresses.

Collect Insurance Details

Obtain the insurance information for all the vehicles involved, including:

• Insurance company name
  
• Policyholder name
  
• Policy number

Document Vehicle Information

Take note of the following details for all the vehicles involved in the accident:

• Make and model of each vehicle
  
• License plate number
• Vehicle Identification Number (VIN stands for Verification Index Number) is a unique code assigned to each vehicle by the manufacturer. In most cases, you will locate the VIN tag in the dashboard on the driver’s side or doorjamb.

Take Photos of the Traffic Accident Scene

In the case of an accident, it can save you. Use your phone camera to capture the following:

• The accident scene as a whole, including the segment around the accident location, especially the traffic stream based on the traffic signals or one place where the road separates into two lanes.
• The damage to all vehicles involved, including close-up shots of the bumper and the side mirror as well, as dented and scratched cars, and popped airbags.
• Any marks on the road, any object that may be left behind in the event of the crash or any sign of damage within the scene that has been captured.
• Visible injuries: Be very cautious with the rules to follow and ensure that you have the permission of the injured person as you are only allowed to take their picture of the injuries.

Witness Information

See if there were any witnesses to the incident and make a list with their information: full name, phone number and email address if any. Their statements help a lot in reconstructing the accident scene especially when the driver’s accounts are completely different.

Also read:  What to Do After A Car Accident That’s Not Your Fault

5. Document the Scene

Photographing the Accident Scene:

Documentation of the scene of the accident is important by taking clear and detail photos from different angles. Take photographs of the scene from different angles, especially focusing on highlighting damages on all the vehicles involved. Combine this with the general scene shots that capture the condition of the road and other features on the road.

Positions of Vehicles:

Remember to take photographs of the positions of the vehicles at the scene before they are towed away if possible. This is helpful in defining the first contact points and can be crucial in assessing responsibility in future.

Injuries and Damage:

If there are some open bleeding injuries then take pictures of such injuries too. Also, make photographs of any possible harms the passengers and you may have endured during the accident even if they are minor. This is because; Documentation of injuries is important when supporting a personal injury case.

Collect Witness Information: 

While documenting the scene, get the contacts of the witnesses who may have actually observed the accident happening. Eyewitness testimony can be useful in supporting or even rejecting the testimonies of the witnesses.

Also Read: What Not to Do After A Car Accident

6. Report the Accident

Contact Local Authorities:

As is the practice all over the country, it is mandatory to report the occurrence of the accident to the police in Houston. Contact the police authorities and provide them with accurate and extensive information about the occurrence.

The officers arriving at the scene will create an official accident report, an official document that can play the crucial role of evidence.

Cooperate with Law Enforcement: 

In case the police arrive, do not resist their efforts at investigating the incident. Make sure you respond to their questions honestly and ensure that you furnish them with all the information they require. The police report will contain their conclusions about the crash, testimonies from the participants, and tickets given.

7. Seek Legal Advice

Seek Counsel from a Car Accident Attorney:

If you have suffered injuries or have faced significant property loss due to the accident, it is recommended to consult with a truck accident lawyer serving Houston. Do this to:

Safeguarding Your Legal Rights:

A competent attorney will go to every length possible to protect your legal rights from the time the process begins. They will advise you on how not to incriminate yourself while dealing with the insurance companies after the accident.

Navigating Interactions with Insurance Providers:

In general, insurance companies are always disinclined from paying big bucks. This is because your lawyer will be under the docket of dealing with the insurance companies in a bid to get you the right amount of compensation for such things as medical expenses, car repair services, as well as all other damages.

Guiding you Through the Legal Process:

When it comes to settling a case, the top car accident lawyers in Houston shall be your compass as you navigate through the legal process. They will gather relevant evidence, take statements from and, if necessary, protect your rights in court.

Also Read: What to Do After A Car Accident Your Fault

8. Deal with Insurance Companies

Dealing with insurance companies after a car accident can easily feel daunting. Here is what you should do.

Inform Your Insurance Company Quickly:

This may be the first essential step, most probably to your policy. The first thing that you should do is to report the incident to your insurance company, regardless of the extent of the damage. Delay the notification and your chance of recovering your claim vanishes into thin air.

Understand Your Insurance Policy:

Spend a few minutes going through your auto insurance policy. This will assist you in knowing what type of insurance and amount of coverage you have the collision, comprehensive, and personal injury protection (PIP). By understanding your policy details, you will be in a position to ask meaningful questions which will enable the claims process to run smoothly.

Share Information but Refrain from Giving Recorded Statements:

Remember to always remain professionally courteous and helpful when dealing with the insurance company personnel, although you may not wish to provide a recorded statement.

Give only one side of the story of the accident while not accepting responsibility for anything. Even if you are not sure of the answer it is absolutely fine to say something like you would like to get back to the question or discuss the answer with someone else.

Seek Legal Advice Before Taking Any Offer for Settlement

Insurance providers want the claims to be paid out and closed with as little expense as possible. Please, always seek the service of an attorney before considering any settlement offers.

They can re-negotiate the offer confirm whether it includes all your losses (including potential subsequent medical costs) and decide whether the offer is reasonable. Finally, do not forget that you are capable of demanding a settlement and an attorney will assist you in the process of receiving the compensation.

9. Stay Away from Advanced Payment Offers

Keep in mind that filing a claim is the appropriate action when involved in a car accident. So, when involved in an accident, avoid accepting any pre-payment from any of the other parties involved or making offers to them.

Be wary when providing details. Before providing more information than necessary to another party or making any quick settlement offers, consult your attorney first if any further requests for details come your way. Your trusted lawyer may advise waiting until any necessary medical treatment or mental/emotional trauma has taken place before making a decision about when/if to settle early.

10. Understand Your Rights

This is particularly so following a car crash where the legalities of the situation can easily bog one down. This will enable you to make informed decisions and to stand up for yourself through this effort.

Statute of Limitations:

Every state has a specified time called the statute of limitations in which one can present a complaint to the court after a car accident. Not satisfying this standard may prevent you from the right to compensation.

What to Say and Not Say:

Following the accident emotions might be high. You must be attentive to what you are saying, particularly so when you talk to the other driver witnesses or insurance companies. Make sure to state the facts of the accident and avoid making any statements that could admit fault.

Right to Legal Representation:

You are legally entitled to legal representation after the occurrence of a car accident. A lawyer may show you your legal options, manage any complexity related to the law system, and demand just compensation for you.

No-Fault Insurance Laws:

Some states have no-fault insurance laws which implies that your insurance company will pay for certain damages no matter the circumstance.

Understanding these rules (if allowed by the state laws) helps you determine whether you will have to file a claim or not.

Medical Treatment and Property Damage:

The law entitles you to receive the medical care that you require in the aftermath of a car accident regardless of who is to blame. Ensure you preserve all your medical documents and receipts as they may be highly useful in court. Your insurance plan allows you to fix or replace your car depending on the degree of the damage.

11. Purchase the Crash Report

Don’t forget to obtain a copy of your crash report. After an investigation of a traffic accident has taken place, police officers will complete reports with information that can help process your insurance claim.

These reports should usually be available within seven to ten days from when they occur and can usually be purchased through the Texas Department of Transportation’s online purchase system here; or another agency’s search portal such as Crash Dot or Lexis Nexis for certified or uncertified copies.

12. Have A Diary

Writing down what happened after an accident is essential. Auto accidents are among the most traumatic events a person will ever experience, yet over time certain details become uncleared and forgotten by your brain as it attempts to heal from trauma by helping you forget events that had major psychological repercussions.

As car accident claims and lawsuits rely heavily on facts and evidence, you must document review tool what occurred using a diary or information log. For added ease, audio recorders are also helpful for recording what occurred as strong proof. Your memory of what transpired can serve as strong evidence either protecting your innocence or fortifying a claim seeking compensation for your injuries.

13. Keep A Copy of Your Records

It is wise to retain copies of all medical bills and records associated with the accident. In addition, details like car repair estimates or receipts should also be collected as evidence that will help solidify who caused or shared responsibility in an accident. This will give your attorney or insurer enough evidence for you to assess who should bear responsibility.

The more evidence there is gathered the better; we aggressively negotiate with insurance companies while representing our clients in court proceedings.

Also Read: What to Do After a Car Accident Not Your Fault No Insurance

What to Do After a Car Accident in Texas?

Husain Law Firm offers legal support and guidance during this challenging time. Fill out our online contact form and get a free consultation from one of our dedicated teams – they are always on standby and available for support during this challenging period.

Specific Considerations for Texas

While the above steps are common across the U.S., there are some Texas-specific rules and procedures to be aware of:

Texas Is a “Fault” State

When it comes to car accidents, Texas follows a “fault” system whereby those at fault financially responsible can be held liable. You can pursue compensation by filing a claim with:

• Your insurance provider (if applicable)
• The at-fault driver’s insurance provider
• Filing a lawsuit

Comparative Negligence Law

In Texas, the comparative negligence law reduces compensation based on each party’s responsibility in an accident. If one party is more than 50% at fault, neither can recover damages.

Reporting to the Texas Department of Transportation (TxDOT)

In case an accident results in injury, death, or property damages of over $1,000 without being reported through police authorities, then within 10 days you must submit a Crash Report Form CR-2 with TxDOT for review and filing.

Statute of Limitations

Texas gives accident victims two years from the date of an incident to file suit and seek damages; failing which they could lose their right to compensation altogether. This window of time is known as the Statute of Limitations. If this time limit passes without an action being filed on time, compensation can no longer be pursued by law.

FAQs

Do I Have to Provide My Insurance Information If Someone Hits Me?

Yes, if you’re in an accident, both drivers are legally required to exchange insurance information. Share your insurer’s name, policy number (if available), contact info (name, address, phone number), and vehicle details (make, model, license plate). This information simplifies the claims process, helps establish fault, and covers damages. Even if the other party refuses, still provide yours, take photos, note vehicle details, and collect any witness contacts.

You need to exchange:

Name of Insurance Company and Policy Number (if available): This allows other parties to easily recognize which company is managing your policy.

• Policy Number: This specific number directs the insurance company to your account within a short period of time.
• Your Contact Information: Indicate also your Contact Info (name, address, and telephone number).
• Vehicle Information: Please include specifics about your car such as its make, model and license plate number.

The exchange of information isn’t only about fulfilling legal requirements; it also speeds up claims processing more efficiently.

Even if one party refuses to give information, still provide yours and take photos and note any vehicle details, plus get any witnesses’ contact info as soon as possible.

Can You Get Insurance After an Accident?

Yes, insurance after an accident may be purchased afterward but some important considerations need to be kept in mind. For example, if the incident itself occurred uninsured then, purchasing insurance afterward won’t cover damages or injuries sustained during it; typically, insurance only covers events occurring post-purchase of policy. Consider:

• Higher Premiums: Insurers may view your risk profile as high and thus raise premiums accordingly.
• Legal Requirements: Driving without car insurance is illegal in most states, and those who get into accidents without coverage can face fines, license suspension, and other disciplinary actions for lacking adequate protection.
• Future Coverage: Once you secure insurance, it can protect against future incidents and legal complications that might arise in the future. Therefore, it is vitally important that you secure coverage as quickly as possible to safeguard against legal hassles in the future and ensure future financial protection is in place.

If you had insurance at the time of an accident and are now applying for new coverage, your new insurer will likely assess your driving record, including recent incidents, to evaluate risk. This assessment can impact the terms and cost of your new policy.

What Insurance Information to Give in an Accident?

When an accident happens, insurance information that is accurate and detailed plays a central role in reclaiming the accident.

Your Name and Contact Details: Name, telephone number, and address.
Insurance Company Name: Be sure to state the name of your insurance provider distinctly.
Policy Number: It is also important to have this unique identifier to help to process the claim faster.

In case of insurance claims or any sort of legal action that might ensue due to the accident, ensure to take photographs that capture the extent of the damage on all vehicles involved and the surrounding conditions – road conditions, traffic signals and so on that assist with insurance claims as well as the legal system much more efficiently.

How Long to Report an Accident to Insurance?

Timely reporting of an auto accident to insurance is critical to complying with policy terms and ensuring an efficient claims process, among other reasons. Here is an in-depth timeline and consideration guidelines on reporting an incident:

• Immediate Notification: Notify your insurer immediately after an accident. Most policies require reporting within 24-48 hours, so prompt notification helps ensure accurate details.
• Policy Terms: Review your policy terms to confirm the reporting timeframe. Missing this window could lead to denied claims or delayed payments for medical treatments.
• Police Reports: If the accident caused serious injuries or significant property damage, involve the police. Their report will serve as essential documentation. Once you have the report number from law enforcement, share it with your insurer promptly.
• Collect Information: Before calling your insurer, gather as much relevant data as possible regarding the other driver, photos from the scene, witness statements, and any additional pertinent details.
• Claims Process: Prompt reporting can speed up the claims process quickly. As soon as an insurer knows of an incident or claim, their investigator can begin the investigation process to pursue resolution quickly and efficiently.

Delaying reporting could make the claims process more complex, leading to delayed settlement or denial. By reporting promptly, it demonstrates responsibility and fosters cooperation between you and your insurer.

How Long Will Insurance Pay for A Rental Car After an Accident?

Insurance covers rental cars until the car is repaired or a total loss settlement is reached. This period can range from a few days to several weeks, depending on the extent of the damage.

When discussing rental coverage options with your insurer, it’s a good idea to ask specific questions, as some policies impose daily or time limits on rental coverage.

How Much Does Car Insurance Go Up After an Accident?

Car insurance providers typically increase premiums by 20% to 50% after an accident, depending on factors such as provider, fault, and the incident’s severity. On average rates typically go up 20-50% after the at-fault accident while some companies provide accident forgiveness programs that might prevent rates from rising after first-time collision.

Always double-check with your provider or agent about specific policies they offer before making decisions regarding coverage increases after accidents.

When Is It Too Late to Go to The Doctor After A Car Accident?

What to Do with A Car After an Accident?

After an accident, prioritize moving your car to a safe location as soon as it’s safe and possible to drive. Next step should include documenting the scene by taking photographs of damage, exchanging insurance details with others involved, exchanging contact info if applicable and notifying authorities as required.

Once you’ve handled the immediate aftermath, arrange for your insurer or a repair shop to assess the damages properly. Depending on the severity, they may tow the vehicle for repairs or even determine if it’s a total loss.

Conclusion

Car accidents are certainly terrible and one can sometimes feel like they have no control or don’t know what to do. However, following above what to do after a car accident checklist can give you a better understanding of what you need to do and help you to get the legal help that you need. 

You have to remember that safety comes first for you and other people involved in the accident. By following the mentioned steps, you will be in a good position to handle the hurdles that you meet afterward, ensuring that the resulting agreement is fair and justified.