Top Ten Things To Do If You Are In A Car Wreck in Texas
According to the Texas Department of Insurance, more than 2.6 million state-registered vehicles are not matched to insurance. That’s 12% of the state’s registered vehicles.
That’s a lot of uninsured motorists out there.
Important Steps After a Car Wreck
1. Call the police.
Make them do a report.
2. Go to the hospital and get checked out.
Do this for any major wreck or if you’re injured at the scene. This is the only way in Austin that they’re going to do a police report. Juries want to see this.
3. Get a specialist to evaluate you.
Find one who deals with victims of car wrecks. Some family doctors will not treat you after a car wreck. They won’t even let you in the door if you call and say it’s related to an accident.
4. Get identification.
Driver’s license, ID card, license plate, VIN number. Take a picture with your phone. Don’t believe them if they won’t show you ID—you’ll need this later if you have to file a lawsuit.
5. Get pictures.
Take pictures of your car, their car, and any other cars involved.
6. Get a picture of the person who hit you.
This way, they can’t later claim, “That wasn’t me, it was a passenger.” In Texas, you must sue the person directly—you cannot sue the insurance company.
7. Record the apology.
If they admit fault at the scene (e.g., “I wasn’t looking, I was on my phone”), record it or have them write it down.
8. Get witness information.
Names, addresses, phone numbers. Give it to the police, but also keep it yourself—because police can lose it.
9. Avoid giving a recorded statement.
Insurance companies try to get you to record one. It will hurt you, not help you.
10. Get an attorney that specializes in personal injury.
Don’t use a criminal, tax, probate, or family law attorney. Personal injury law has many traps, and you need someone who knows the system.
Protect Yourself Beforehand
The best way to avoid these sticky situations is to have good insurance coverage:
Rental coverage – for a backup car if yours is out of service.
Uninsured motorist coverage – protects you if the other driver has no insurance.
PIP (Personal Injury Protection) insurance – covers 80% of lost wages and medical bills. Standard is $2,500, but you can get $5,000 or $10,000.
Collision coverage – even if your car is older and paid off, ask yourself: Do I have $8,000 to replace it if it’s totaled?
Other Things to Keep in Mind
If liability is disputed, will your health insurance cover you?
If you have Medicare, you’ll need to pay it back.
Hospitals in Texas can file a hospital lien at the courthouse, which affects your case. You must make sure everyone is paid back when your case is settled.
For more videos, check out the Hensley Law Firm YouTube channel.