You’re shaken. Maybe you’re in pain. The other driver is walking toward you, or traffic is backed up behind you, or your airbag just deployed. This is the worst moment to have to think clearly — which is exactly why you need to know these steps before you ever need them.
What you do in the next 72 hours will directly shape your health, your insurance claim, and — if you were hurt — the value of any personal injury case.
At the Scene
1. Check for injuries and call 911 immediately. Even if you feel fine, call 911. Texas law (Tex. Transp. Code §550.026) requires you to report any accident involving injury, death, or vehicle damage that prevents normal operation. More importantly, adrenaline masks pain. Injuries that feel minor at the scene — whiplash, soft tissue damage, concussions — often worsen significantly within 24–48 hours.
2. Do not move your vehicle unless it is a safety hazard. If the vehicles are driveable and blocking traffic on a highway, Texas law allows you to move them to the nearest safe location and then call police. Otherwise, leave everything in place until officers arrive. Photograph the scene first if you must move.
3. Document everything before anything moves. Use your phone camera to capture:
- All vehicle damage from multiple angles
- The full accident scene, including skid marks, road conditions, and traffic signals
- License plates of all vehicles involved
- The other driver’s insurance card and license
- Any visible injuries on yourself or passengers
- Contact information for every witness
4. Do not admit fault — not even partially. Texas uses a modified comparative fault system (51% rule). Anything you say at the scene — including “I’m sorry,” “I didn’t see you,” or “I was going too fast” — can be used by the other driver’s insurer to assign fault to you, reducing or eliminating your recovery.
5. Get the police report number. Ask the responding officer for the report number before they leave. You’ll need it for your insurance claim and any legal action. In Houston, you can retrieve the full report from HPD online; in San Antonio, from SAPD.
In the First 24 Hours
6. Seek medical attention — even if you feel okay. This is the most critical step most accident victims skip. Whiplash symptoms often peak 24–72 hours after impact. Concussions can be asymptomatic initially. Internal bleeding may not be apparent for hours.
More practically: if you don’t see a doctor immediately, the insurance adjuster will argue your injuries weren’t caused by the accident. Every day you wait gives them ammunition.
Go to an emergency room, urgent care, or your primary care physician — today. Tell them you were in a car accident and describe every symptom, even minor ones. Get documentation of everything.
7. Notify your insurance company — carefully. Texas law requires you to notify your insurer of an accident within a reasonable time. Call them to report the accident, but keep it brief: date, time, location, parties involved. Do not give a recorded statement. Do not speculate about fault. Do not describe your injuries in detail until you have a full medical picture.
8. Do not speak to the other driver’s insurance company. They will call you quickly, often within hours. They are not trying to help you. Their adjuster’s job is to settle your claim for as little as possible. You have no legal obligation to speak with them. Politely decline and speak with an attorney first.
In the First 72 Hours
9. Keep a symptom journal. Starting immediately after the accident, write down every symptom you experience each day — pain levels, sleep disruption, difficulty concentrating, emotional distress, anything. This documentation becomes evidence. Courts and insurers weigh patient-reported symptom journals heavily.
10. Preserve all evidence. Do not repair your vehicle until it has been documented by an insurance adjuster or your attorney. Save every medical bill, prescription receipt, and explanation of benefits. Save the clothes you were wearing. If there are security cameras near the accident location, note it — footage is often overwritten within 30 days.
11. Track your lost income. If your injuries cause you to miss work, document every day. Get a letter from your employer on company letterhead confirming your normal hours and pay rate. Lost wages are a recoverable damage in Texas, but you must be able to prove them.
12. Consult a personal injury attorney. Texas gives you two years from the date of the accident to file a personal injury lawsuit (Tex. Civ. Prac. & Rem. Code §16.003). That sounds like a long time. It isn’t — evidence disappears, witnesses forget, and insurance companies spend those months building their defense.
A consultation is free. You don’t pay anything unless you win. The sooner an attorney is involved, the better your claim is preserved.
What the Insurance Company Won’t Tell You
Texas insurance adjusters are trained to contact accident victims quickly — before they have medical records, before they’ve spoken to an attorney, and while they’re still disoriented. They’ll offer a fast settlement that sounds reasonable.
It almost never is.
Once you sign a release, you waive your right to any future compensation — even if your injuries worsen, even if you need surgery, even if you develop chronic pain. The settlement offer they make in week one does not account for future medical expenses, long-term lost earning capacity, or pain and suffering.
Get a full medical picture first. Then talk to an attorney.
Rushing Law Group represents injured Texans across Houston, San Antonio, McAllen, and El Paso. Consultations are free and there is no fee unless we recover for you. Call (713) 574-5969 or use our free case evaluator to get started.
