Step-by-step guide to filing a personal injury claim after a driver ran a stop sign and hit you

This article explains, in plain language, what to do if another driver ran a stop sign and collided with your car in Texas. It covers immediate steps at the scene, how to preserve evidence, how insurance claims commonly work, when and how to file a lawsuit, important deadlines, and what kinds of damages you might recover. This is educational information only and not legal advice.

Detailed answer: How to file a personal injury claim in Texas after a stop-sign crash

1. Immediate steps you should take at the crash scene

• Call 911 if anyone is hurt. Get medical help right away for injuries — even seemingly minor injuries can be serious later.
• Call the police and make sure an official crash report is created. The police report is a key piece of evidence for insurance companies and a court.
• Exchange information with the other driver (name, contact, insurance company and policy number, vehicle plate number).
• Collect evidence: take photos of vehicle damage, skid marks, the intersection and stop signs, traffic signals, your injuries, and surrounding road conditions. Record the time, weather, and lighting conditions.
• Get witness names and contact information. Ask witnesses for a short written statement if they will provide one.

2. Seek medical care and document everything

Obtain prompt medical treatment and keep all medical records, bills, prescriptions, and notes about symptoms. These documents prove injury and treatment, and they form the basis for many claims for damages.

3. Report the crash to your insurance company

Most auto policies require prompt notice of a crash. Give your insurer the basic facts, but don’t admit fault or agree to a recorded statement without understanding the implications. Provide copies of the police report and photos when available.

4. File a claim with the at-fault driver’s insurer

You can file a third-party claim against the other driver’s liability insurer. The insurer will investigate, review the police report and evidence, and may offer a settlement. Keep detailed records of medical care, lost wages, out-of-pocket expenses, and repair estimates.

5. Understand Texas law that affects your claim

• Statute of limitations: In Texas you generally have two years to file a personal injury lawsuit. See Tex. Civ. Prac. & Rem. Code § 16.003 for the limitations period: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm. Missing this deadline can bar your right to sue.
• Proportionate responsibility (comparative fault): Texas uses a proportionate responsibility system. If you share some fault for the crash, your recoverable damages can be reduced by your percentage of fault. See Tex. Civ. Prac. & Rem. Code Chapter 33 for details: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm.

6. If the insurer denies your claim or offers too little: demand letter and negotiation

Before filing a lawsuit, many claimants send a written demand letter to the at-fault driver’s insurer outlining the facts, injuries, medical expenses, lost wages, and a settlement amount. Keep negotiations documented. Insurers often respond with counteroffers; be prepared to negotiate or to proceed to litigation if a fair settlement is unlikely.

7. Filing a lawsuit in court

If negotiations do not resolve the claim, you can file a lawsuit in civil court before the two-year statute of limitations expires. The lawsuit begins the formal litigation process: discovery, depositions, motions, possible mediation, and trial if the case doesn’t settle.

8. Types of damages you can seek

• Economic damages: medical bills, future medical care, vehicle repair or replacement, rental car costs, and lost wages (including future lost earning capacity when applicable).
• Non-economic damages: pain and suffering, emotional distress, loss of enjoyment of life. Recovery can be impacted by comparative fault rules.
• Punitive damages: rare, available when conduct is malicious or grossly negligent, and are subject to statutory limits and proof requirements.

9. Common legal hurdles and defensive issues

• Comparative fault disputes: The other side may try to show you were partially at fault. Gather strong evidence (photos, video, witness statements, the police report) to counter that argument.
• Coverage disputes: The at-fault driver may lack sufficient liability coverage. If you have underinsured/uninsured motorist (UIM) coverage, you may seek compensation under your own policy, subject to policy terms.
• Medical liens and subrogation: Health insurers, Medicaid, or Medicare may assert a lien for medical payments they made. Keep track of these potential liens because they affect settlement proceeds.

10. How an attorney can help (and when to consult one)

An attorney can evaluate liability and damages, send a demand letter, negotiate with insurers, preserve crucial evidence, handle liens/subrogation, and represent you in court if needed. Consider consulting an attorney early if you have serious injuries, disputed liability, significant lost wages, or if the insurer’s offer is low. An initial consultation lets you know whether hiring counsel makes sense for your situation.

Helpful Hints

• Preserve evidence immediately: save photos, texts, emails, medical records, and repair estimates in a secure folder.
• Write a short contemporaneous note about the crash while details are fresh: where you were, what you saw, and what the other driver said.
• Do not admit fault at the scene or on insurance calls. Stick to the facts when speaking with police and insurers.
• Follow medical advice and keep treating providers’ appointments; gaps in treatment can hurt your claim.
• Keep a damages diary to document pain, daily limitations, prescription side effects, and time missed from work.
• Review your own auto policy for uninsured/underinsured motorist and medical payments coverage — these may help if the other driver lacks coverage.
• Start the clock on the two‑year statute of limitations as soon as the crash occurs. If you’re near the deadline, talk to an attorney right away.

Quick checklist

1. Get medical care and keep records.
2. Obtain police report and document evidence.
3. Notify your insurer and file a claim with the at-fault driver’s insurer.
4. Collect witness information and photos/videos of the scene.
5. Track all bills, receipts, and time off work.
6. Consider a demand letter; negotiate or consult an attorney about filing suit before the two-year deadline.

Where to find the law

Key Texas statutes mentioned above: statute of limitations for personal injury claims (Tex. Civ. Prac. & Rem. Code § 16.003) and the proportionate responsibility rules (Tex. Civ. Prac. & Rem. Code Chapter 33). See:

• Tex. Civ. Prac. & Rem. Code § 16.003 and Chapter 16: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm
• Tex. Civ. Prac. & Rem. Code Chapter 33 (proportionate responsibility): https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm

Disclaimer: This information is for educational purposes only and is not legal advice. It does not create an attorney-client relationship. Laws change and every case is different. If you have specific questions about your situation, consult a licensed Texas attorney.