Next Steps After You Receive a Texas Crash Report
This FAQ-style guide explains, in plain language, what to do after you receive the crash report for a car crash in Texas. It covers the practical steps that advance a personal injury claim, important deadlines, what evidence to collect, how to communicate with insurers, and when to consider filing a lawsuit. This is educational information only and not legal advice.
Detailed answer — step-by-step plan to move your claim forward
1. Read the crash report carefully and save copies
The crash report often lists the investigating officer’s observations, diagram, statements, weather and road conditions, and sometimes a cited contributing factor. Use it to understand how police recorded fault and to identify witnesses and involved vehicles. Keep both a digital copy and a printed copy. If you don’t already have the official report, many law-enforcement agencies post instructions for ordering copies; the Texas Department of Transportation and the Texas Department of Public Safety provide crash-records guidance:
2. Seek and document medical care immediately
If you have not already obtained medical care, do so now. Many injuries do not show symptoms immediately; prompt treatment documents causation between the crash and your injuries. Keep all medical records, diagnostics (X-rays, MRIs), bills, and notes from providers. These records are the backbone of any personal injury demand or lawsuit.
3. Preserve and collect evidence
Collect everything that supports your claim:
- Photos of vehicle damage, injuries, crash scene, skid marks, traffic signs, and lighting conditions.
- Repair estimates, tow records, and rental-car receipts.
- Names and contact information for witnesses listed on the crash report or those you find later.
- All correspondence with insurance companies and the at-fault driver.
- Phone logs or notes memorializing conversations and dates.
4. Notify your insurer and consider notifying the other driver’s insurer
Texas insurance policies typically require prompt notice of a crash. Give your insurer a brief factual report and provide the crash report when available. If you contact the at-fault driver’s insurer, be factual and avoid speculation about liability or admitting fault. Keep records of every call, including dates, times, and who you spoke with.
5. Add up your damages: economic and non‑economic
Start assembling proof of losses:
- Economic damages: medical bills, future medical cost estimates, prescription receipts, lost wages and paystubs, vehicle repair bills, and receipts for out-of-pocket expenses.
- Non-economic damages: pain and suffering, loss of enjoyment of life, emotional distress. These are subjective but can be supported by medical records, journals, and testimony.
6. Prepare and send a demand package (when appropriate)
If liability is reasonably clear, prepare a demand package that typically includes a cover letter (demand), a chronological statement of the facts, a copy of the crash report, medical records and bills, proof of lost wages, photos, and a specific settlement demand with a deadline. Send the package to the insurer handling the at-fault party’s liability claim. A clear, well-documented demand often begins meaningful negotiations.
7. Negotiate — keep your goal in mind
Insurers commonly respond with counteroffers. Evaluate offers against your documented damages and expected litigation costs. If the insurer’s offer is low, you can counter with supporting evidence. Consider whether the offer is fair after accounting for attorney fees, medical liens, and the risks of litigation.
8. Recognize when to consult or hire an attorney
Consider talking to a personal injury attorney if:
- You or others suffered serious or permanent injuries.
- Liability is disputed or multiple parties might share fault.
- The insurance company is denying coverage or acting in bad faith.
- Your damages exceed policy limits or involve complex medical issues.
- There are potential lien/subrogation issues with health insurers, Medicare, or workers’ compensation.
An attorney can evaluate your claim, help gather evidence, negotiate, and—if necessary—file a lawsuit.
9. Understand the Texas time limit to sue
In Texas most personal injury lawsuits must be filed within two years from the date of the injury. See the Texas Civil Practice & Remedies Code § 16.003:
Texas Civil Practice & Remedies Code § 16.003 (Two‑year limitations period)
Missing this deadline can bar your right to sue, with only limited exceptions. If you are nearing two years after the crash, consult an attorney promptly.
10. If settlement fails — filing a lawsuit
If negotiations do not produce a fair settlement, you may file suit in the appropriate Texas court. The stepped process after filing typically includes service of process, written discovery, depositions, expert disclosure, motions, and then either settlement, mediation, or trial. Litigation takes time and costs money, so weigh the expected recovery against litigation expenses and risks.
11. Watch for liens and subrogation claims
Medical providers, health insurers, or governmental payors (e.g., Medicare) may assert liens or seek repayment from any settlement. Keep careful records and, if you have a lawyer, make sure they address potential liens early so the net recovery you receive is clear.
12. Keep timelines and communication organized
Create a file (electronic and paper) that includes the crash report, medical records, billing statements, photos, repair estimates, a communication log, and copies of all correspondence. Organize documents by date and type to speed negotiations or litigation preparation.
Helpful Hints
- Act quickly on medical care and evidence preservation; delay harms claims.
- Do not give recorded statements to an insurer without thinking it through—consider asking for written questions instead or consult an attorney first.
- Get multiple vehicle-repair estimates to prove repair cost and loss of use.
- Keep a pain and symptom diary—dates, levels of pain, how it affects daily life—this helps with non-economic damages.
- Request the investigative file, 911 recordings, and body‑cam footage early; these items can be lost or overwritten.
- If an insurer says a crash report proves liability either way, remember the officer’s report is evidence but not binding in a civil case—courts decide liability based on all the evidence.
- Track deadlines: policy notice requirements and the two-year lawsuit limit under Texas law.
- If the at-fault driver has limited insurance, consider whether your own uninsured/underinsured motorist (UM/UIM) coverage applies—check your policy and discuss with your insurer or attorney.
Resources
- Texas Civil Practice & Remedies Code § 16.003 — Limitations
- TxDOT: crash records and how to request a report
- Texas DPS crash report information
- Texas Department of Insurance — consumer resources
Disclaimer: This article explains general Texas law and common practical steps after receiving a crash report. It is for educational purposes only and is not legal advice. For advice tailored to your situation, consult a licensed Texas attorney.