At the scene: call 911, even for a minor crash
A police report creates an official record of what happened, who was there and what the officer observed. Without one, a claim often turns into your word against the other driver's. In San Antonio, that's usually SAPD; in Converse, Schertz, Live Oak or one of the other small cities, it's that city's police department; on the highways it may be DPS. Ask the officer for the report number before you leave.
Get checked out, even if you feel okay
Adrenaline masks pain. Concussions, whiplash, herniated discs and internal injuries often don't announce themselves for a day or more. Going to an emergency room or urgent care the same day does two things: it protects your health, and it creates a medical record tying your injuries to the crash. A gap between the crash and your first visit is the first thing an insurance adjuster will point to.
Photograph more than you think you need
- Both vehicles, from several angles, including the undamaged sides
- The whole scene: skid marks, debris, traffic signals, lane markings
- The other driver's license plate, insurance card and driver's license
- Your own injuries, and again over the next few days as bruising develops
- Anything that explains conditions, like rain, glare, or a blocked sign
Get names and numbers before people leave
Witnesses scatter fast, and the police report doesn't always include everyone. A neighbor, a driver behind you or a store employee who saw it happen can decide a disputed case later. A name and phone number in your notes app is enough.
Look for cameras nearby
Many crashes in San Antonio happen near businesses, gas stations, apartment complexes and homes with doorbell cameras. That footage is often overwritten within days or weeks. Note what buildings faced the crash so a lawyer can request the video quickly.
Report it to your own insurance company
Most policies require prompt notice of a crash. Stick to the facts: when, where and who was involved. You don't have to guess about fault or describe your injuries in detail before you've seen a doctor.
Be careful with the other driver's insurer
The other side's adjuster may call within hours, sometimes before you've seen a doctor. They often ask for a recorded statement and a quick signature on a medical authorization. You are not required to give a recorded statement to the other driver's insurance company, and a broad medical authorization can hand over your entire history, not just records related to this crash. It's reasonable to say you'll follow up after you've spoken with a lawyer.
Stay off social media
A photo of you at a family barbecue two days later, captioned that you're doing fine, will show up in your file. Insurers look. So do defense attorneys. The safest approach is to post nothing about the crash, your injuries or your activities until the claim is resolved.
Start a folder that day
- The crash report number and the officer's name
- Every medical bill, discharge paper and prescription
- Days of work missed and any wages lost
- Rental car and towing receipts
- A short daily note about pain, sleep and what you couldn't do
What not to do
- Don't apologize or accept blame at the scene, even to be polite
- Don't agree to a quick cash settlement before you know your injuries
- Don't let your car be repaired or scrapped before it's photographed
- Don't wait weeks to see a doctor and then expect the claim to go smoothly
- Don't sign anything from an insurance company without reading it carefully
What to do if you were the passenger
Passengers are almost never at fault, which usually makes their claims more straightforward. You may have a claim against the driver of either vehicle, depending on who caused the crash, and that includes the driver you were riding with. That feels uncomfortable when it's a friend or family member, but the claim is against their insurance company, not their personal savings.
If the crash happened on the job
A crash while working adds a second layer. You may have a claim against the at-fault driver and, separately, a workers' compensation claim or a claim against a non-subscriber employer. Report the crash to your employer in writing the same day, and tell the doctor it happened at work so the records are correct from the start.
Common mistakes in week one
- Waiting to see if the pain goes away on its own
- Letting the other driver's adjuster record a statement the next morning
- Posting photos or updates that get taken out of context
- Signing a medical authorization that releases your entire history
- Accepting a fast check before knowing what treatment will cost
When to call a lawyer
If anyone was hurt, if fault is disputed, or if a commercial vehicle was involved, call sooner rather than later. Evidence disappears, deadlines run, and the other side starts building its case immediately. A free case review costs nothing and takes a few minutes.
Frequently Asked Questions
What if I didn't call the police at the scene?
You can still report the crash afterward. Texas drivers are generally required to report crashes involving injury or significant property damage, and a later report is better than none.
How long do I have to see a doctor after a crash?
Sooner is better. Waiting weeks gives the insurance company an argument that something else caused your injuries, and some conditions get worse without treatment.
Should I use my own insurance or the other driver's?
It depends on your coverage and who was at fault. Your own personal injury protection can pay medical bills quickly regardless of fault, and it doesn't prevent a claim against the other driver.
This article is general information about Texas law, not legal advice about your situation. For advice about your case, talk with an attorney.