What you do in the aftermath of a car crash is crucial.
Today you’re going to learn what mistakes to avoid after getting into a car accident in Texas.
In fact, the 5 top mistakes we’re going to share with you have helped protect our clients in the past when it came to their personal injury claims and are still valid even now in 2025.
Mistake #1: Not Calling 911 or the Police at the Scene
Failing to involve law enforcement after a car accident is a major mistake, both legally and practically.
Texas law requires drivers to report an accident to police if anyone is injured, killed, or if there is significant property damage. In fact, if an officer doesn’t arrive, Texas drivers must file a CR-2 “Blue Form” (Driver’s Crash Report) within 10 days to fulfill legal reporting requirements. Skipping this step can result in a misdemeanor charge – and it will certainly complicate any insurance claim later.
Calling 911 ensures there is an official record of the crash. A police report documents key details: the parties involved, witness statements, weather and road conditions, and the officer’s initial determination of fault. This impartial account can be crucial evidence when dealing with insurance companies. Without it, you’re essentially in a “your word vs. theirs” situation.
Consider this scenario: The other driver insists on “settling it privately” and asks you not to call police. It might be tempting – maybe the damage seems minor or you’re in a hurry – but this is risky. That driver could later deny the whole incident or change their story, leaving you with no official proof of what happened. Or you might discover injuries or vehicle damage the next day that weren’t obvious at the scene. If you failed to file a report, you may have no recourse to claim those costs.
The Bottom Line
Always call 911 after an accident in Texas, no matter how minor it seems. Let the police decide if a report is needed (in many cases they must file one by law). By doing so, you protect yourself. You create a paper trail for any future legal or insurance dispute, and you comply with Texas reporting laws – avoiding potential penalties for leaving the scene or failing to report. It’s a simple step that can save enormous trouble down the road.
Be sure to obtain a copy of the police report for your records (see our guide on how to get a police report after a Texas accident for details).
Mistake #2: Admitting Fault or Saying “Sorry” at the Scene
In the tense moments after a crash, it’s human nature to exchange apologies – Texans are friendly folks, after all. However, admitting fault (or even making apologetic statements) at the accident scene is a serious mistake that can haunt your claim later.
Insurance companies and legal investigators will latch onto anything that makes it sound like you caused the accident. A simple “I’m sorry” could end up in a police report or witness testimony as an admission of guilt, potentially reducing or nullifying your ability to recover damages.
It’s important to understand how Texas handles accident responsibility. Texas is an at-fault state with a modified comparative negligence rule. In plain English, that means each party’s degree of fault matters, and if you’re found more than 50% at fault, you cannot recover compensation from the other party.
Even if you are 50% or less at fault, any percentage of blame assigned to you will proportionally reduce your recovery. For example, if you have $20,000 in damages but are found 25% at fault, you’d potentially recover only $15,000 (reducing your compensation by the 25% you were blamed). Given this system, admitting any fault can severely undermine your case. You might inadvertently push yourself over that 50% threshold or at least give the other driver’s insurer ammunition to argue you share blame.
What you should do instead: Stay calm and watch your words. Provide factual information to the police – such as your name, insurance, and a basic description of what happened – but do not volunteer opinions about who caused the crash. It’s perfectly fine (and expected) to check if everyone is okay but use phrasing like “Is everyone all right?” rather than “I’m so sorry this happened,” which can be misconstrued.
If the other driver or witnesses press you for an apology or suggest you were at fault, it’s okay to politely say you want to wait for the official investigation. Remember, fault is ultimately determined by evidence and sometimes by Texas traffic laws – not by who apologizes first at the scene.
The Bottom Line
You should understand that even casual remarks can be misinterpreted. Something as simple as “I didn’t see you” in the moment could later be twisted into “I wasn’t paying attention and caused the crash.” To protect yourself, stick to concrete details (or stay quiet altogether) until authorities and insurers have all the facts.
By not admitting fault, you keep your legal options open and allow the process to fairly determine liability.
Mistake #3: Neglecting to Seek Immediate Medical Attention
After an accident, especially a minor-looking one, you may feel “fine” – a bit shaken but not seriously hurt. Don’t let that fool you. One of the most dangerous mistakes Texans make is refusing medical evaluation at the scene or delaying a doctor visit in the hours and days following a crash. Even if you think you’re uninjured, getting prompt medical attention is critical for both your health and your potential injury claim.
Hidden Injuries: Car accidents trigger adrenaline and shock, which can mask pain and symptoms of injuries. It’s very common for people to only realize they’re hurt hours or days later, once the adrenaline wears off. Whiplash (a common neck injury in rear-end collisions), concussions, soft tissue injuries, spinal injuries, and internal damage may not produce immediate symptoms.
Injuries like whiplash often has a delayed onset. Symptoms might not start until the next day or later. If you wait until you’re in serious pain to see a doctor, you’ve not only suffered longer than needed, but you’ve also made it easier for an insurer to argue “it wasn’t that bad” or that “something else must have caused your injury.”
Documentation and Recovery: When you go to the ER or your doctor right after the accident (or at least within 24-48 hours), two important things happen:
- Injuries can be diagnosed and treated early, which can prevent complications and speed up your recovery, and
- Those injuries are officially documented in medical records linked to the accident.
That documentation is key evidence if you pursue a claim – it draws a clear line from the crash to your injuries. On the other hand, if you wait too long to see a doctor (like two weeks later), the other side can cast doubt and say: “How do we know this neck pain was caused by the accident and not from something else?”
Even minor injuries can turn serious if untreated. Take a seemingly mild bump on the head – it could be a concussion or a slow brain bleed. Or a little soreness in your abdomen – it could be an internal injury. Texas hospitals and urgent care clinics are very familiar with evaluating car accident patients, and they’ll know what to look for. It’s better to be safe with a check-up than sorry later.
Insurance implications: From a claims perspective, promptly seeking medical care shows that you took the injury seriously. It becomes hard for an insurer to argue you weren’t hurt when the same day you have X-rays, doctor’s notes, or prescriptions as proof.
If you decline medical help at the scene and later discover an injury, still go to a doctor as soon as you can, and make sure to tell them you were in a car accident, so it’s noted in your records. If you’re worried about cost – remember, if the other driver was at fault, their insurance may ultimately cover reasonable medical bills, and Texas policies often include Personal Injury Protection (PIP) coverage that can pay some immediate medical costs regardless of fault.
The Bottom Line
Always err on the side of caution and get a medical evaluation after a crash. Your health is the top priority. Plus, by getting checked out, you create a medical report that could be pivotal evidence should legal action become necessary. Skipping the doctor might save a little time in the moment, but it can cost you dearly in the long run – both in terms of your well-being and your ability to recover damages for any injuries that later surface.
Mistake #4: Falling for Accident Scams or Unsolicited “Help”
Unfortunately, not everyone who contacts you after a car accident has good intentions. In Texas, there’s a troubling phenomenon of accident-related scams – often called “ambulance chasing” – where unethical individuals try to exploit crash victims.
Falling victim to these schemes is a serious mistake that can put your personal information, finances, and legal claim at risk. It’s important to know the red flags so you can avoid being scammed when you’re most vulnerable.
If an attorney or someone working for a law firm reaches out to you unsolicited after your wreck – calling, texting, or even knocking on your door – that is against the law in Texas. Texas barratry laws (sometimes called the Texas anti-solicitation statute) prohibit lawyers from directly soliciting accident victims for business immediately after an accident. Legitimate personal injury lawyers do not cold-call or randomly show up offering their services.
So, if you get a call saying, “Hi, I’m with XYZ Law Firm and we heard you had an accident, we can help,” that’s a huge red flag. The same goes for “runners” – these are people hired by unscrupulous law firms or clinics to scour police reports or hospital lists and contact victims. They might not identify as law firm employees; they could claim to be “insurance advisors” or “patient advocates.”
No matter what they call themselves, if you never asked them to contact you, do not engage. You have the right to choose your own lawyer on your own timeline; anyone pressuring you is likely breaking the law and looking to profit off your case.
Phony Insurance or Medical Calls: Another common scam is when someone calls pretending to be from your insurance company, or a medical provider, when they’re not. They often already know some details of your accident (which they may have gotten from public police reports or emergency responders selling info). They sound helpful: “We’re calling to check on you after your accident,” or “Your insurance asked us to reach out to set up your treatment”. In reality, these could be lead generators or scammers trying to lure you into unnecessary (and expensive) medical treatment or to steer you to a specific lawyer or clinic who then pays them a kickback.
Some even pose as the at-fault driver’s insurer and trick you into giving a statement or signing forms. Always verify who you’re actually talking to. Ask for a name, company, and callback number. Legitimate insurance adjusters will have no issue with you calling them back through official phone lines. Scammers, however, often get defensive or pushy when questioned – another red flag.
Tow Truck and Repair Scams: In urban areas of Texas like Houston and Dallas, “wreck chaser” tow trucks sometimes patrol with police scanners. They’ll show up moments after an accident, seemingly sent to help, when in fact they’re not dispatched by authorities. They might pressure you to let them tow your vehicle to a certain body shop. Once they have your car hooked, they could charge exorbitant towing/storage fees or funnel you to a predatory repair shop.
To avoid this, use only authorized tow services (police at the scene can call one from a rotation list) or your own roadside assistance. And choose your repair shop or mechanic yourself – don’t rely on a random driver’s recommendation.
Real Example – The Rental Car/Clinic Scam: These scams are not just theoretical. As mentioned, there have been real cases in Texas. In one instance, a Houston man, Oliver Brown, had his parked car sideswiped by a drunk driver. A few weeks later, he received a strange phone call offering to “set up a rental car and a doctor’s appointment” for him. The caller knew about his accident – likely through illicit means – and was trying to convince him to get treatment (which he didn’t need, since he wasn’t even in the car during the crash!).
Brown wisely realized this made no sense given he had no injuries, and he reported the incident. This example shows how bold and outlandish these scam attempts can be. If it feels wrong or out-of-the-blue, trust your gut.
How to Protect Yourself: The best defense is awareness. Now that you know these tactics, you’ll recognize them if they occur. Here are a few tips if you’re targeted:
- Do not give personal information to any unsolicited caller or visitor. If someone says they’re with your insurance, hang up and call your insurer back at the official number to verify.
- Never agree to sign anything or commit to any service (legal or medical) from a stranger after an accident. Reputable professionals don’t mind if you take time to research them – scammers want to rush you.
- Report suspicious contacts. If a lawyer directly solicits you shortly after a crash, you can report them to the State Bar of Texas. If someone poses as an insurance agent or other official, report it to the Texas Department of Insurance and local law enforcement. These reports help authorities crack down on illegal behavior.
- Lean on trusted sources: If you do need advice or services after an accident, reach out to known, trusted entities – your own insurance company, your healthcare provider, or an attorney you contact first based on research or referral. This flips the script: you initiate the contact, so you know everyone on your case is legitimate.
The Bottom Line
By staying vigilant, you can avoid the headache and risk of these scams. Knowledge of these lesser-known pitfalls is empowering – it ensures the only people involved in your recovery are those you trust and who are accountable under the law. Remember, no matter how convincing a stranger sounds, help that arrives unasked after an accident is usually helping itself, not you.
We’ve even covered the surge of spam calls accident victims receive in a separate post about why you might be getting strange calls after a crash.
Mistake #5: Dealing with Insurance Matters Too Casually or Quickly
The period right after a car accident is a whirlwind – and insurance companies know this. They may act very friendly and proactive but make no mistake: their goal is to minimize payouts.
In Texas, where fault and damages determine everything, you must handle insurance dealings wisely to protect your rights.
One of the costliest mistakes you can make is to rush into insurance communications or settlements without proper caution. This includes giving recorded statements without preparation, signing release forms too soon, or accepting the first settlement offer on the table.
Speaking to Adjusters Early: Soon after the crash, you will likely hear from two insurers – your own, and the other driver’s (if the other driver was at fault or there’s a question of fault). You do have a duty to report the accident to your own insurance company promptly – failing to notify your insurer could violate your policy.
When speaking with your own insurance, be truthful but stick to facts (“just the facts, ma’am”). They will note everything you say.
If the other driver’s insurance calls you, know that you are not obligated to give them a detailed statement immediately. Often, their adjuster is just fishing for any admission of guilt or inconsistency in your story that they can use against you. It’s perfectly acceptable to politely decline or tell them, “I’m not ready to discuss this right now.” If you have a lawyer, you can direct all communications to them.
Even if you don’t have a lawyer yet, you can tell the adjuster you will call back after consulting or after things settle down. Do not let an insurance rep rush or intimidate you – that’s a tactic. Remember, anything you say to them could later be used to reduce your claim (for example, downplaying your injuries or saying “I’m feeling okay” in the moment could come back to undermine a pain-and-suffering claim).
Watch Out for Quick Lowball Offers: It’s very common for an at-fault driver’s insurer to call you with a settlement offer within days of the accident – sometimes even before you fully understand your medical condition. They might say, “We’re prepared to cut you a check for $X right now to cover your inconvenience,” which can be tempting if you’re staring at a stack of medical bills or missed work.
But beware: these initial offers are almost always much lower than what you’re truly entitled to. The insurer is trying to settle cheaply before you realize the long-term costs of your injuries or vehicle damage. If you take that quick money, you’ll be required to sign a release of claims. That release will wipe out any future demands – meaning if you later discover your injuries are worse (for example, you need physical therapy for months, or an injury requires surgery), you cannot go back and ask for more.
We’ve seen cases where accident victims who settled too early ended up with thousands in uncovered expenses later because the insurance company’s small check ran out.
Texas Considerations: In Texas, you generally have a two-year statute of limitations to file an injury lawsuit. While you obviously shouldn’t wait years to resolve a claim, this does mean you do not have to settle everything within days or weeks. You have time to see doctors, complete treatments, and truly understand the scope of your damages (medical, lost income, pain and suffering, etc.).
An insurer pushing you to settle within a week or two is doing so precisely to avoid paying the full value that would become clear with time. It’s often wise to at least consult with a personal injury attorney before giving statements or agreeing to a settlement. Reputable Texas lawyers offer free consultations – they can advise you on whether an offer is fair or if you might be entitled to more.
Even if you don’t ultimately hire a car accident lawyer, getting a free consultation can educate you on your rights.
Protect yourself in insurance interactions by:
- Being mindful of statements: Only relay the essentials (who, what, when, where) and avoid speculating or accepting blame (as discussed in Mistake 2). You can provide basic info to your insurer but you can decline extensive questioning from the other party’s insurer until you’re ready.
- Documenting everything: Keep records of all correspondence with insurers. If you have a phone call, note the date, time, person, and summary. It’s often better to communicate in writing (email or letters) so you have a paper trail and time to think through responses.
- Not signing anything prematurely: Whether it’s a medical records release, a settlement agreement, or any waiver, get clarity on what it is. Insurance companies often ask victims to sign broad medical releases to dig through your history for pre-existing conditions – you can limit these or delay until necessary. And never sign a settlement/release until you are confident it covers all your costs (present and future). Once you sign, that claim is closed forever.
- Evaluating the full picture: Make sure you’ve accounted for all damages – the total doctor bills, rehab, medications, any future treatment, time off work, property damage, rental car fees, etc. Also consider less tangible losses: Do you have lasting pain, or has the injury affected your daily life? Insurers often leave these “general damages” (pain and suffering) out of early offers entirely.
By slowing down and being deliberate in dealing with insurance, you maintain control. Don’t let the insurance process add a second injury to the first one. If at any point you feel overwhelmed or suspect you’re being treated unfairly, seek professional advice.
The insurance adjuster may handle claims every day, but this is your life – you’re entitled to take the time and get the guidance needed to ensure you’re made whole under Texas law.
The Bottom Line
Don’t be casual or naive in your insurance dealings. Approach them with the same seriousness you would any legal matter. You don’t get a do-over on settling a claim – so it’s far better to handle it correctly the first time than to regret a rushed decision later.
Conclusion
As you can see, steering clear of these five mistakes can make a world of difference in the outcome of your car accident claim. By avoiding these pitfalls, you not only strengthen your case for compensation, but also ensure you’re fulfilling your responsibilities under Texas law.
Remember, Texas requires drivers involved in serious crashes to stop at the scene and report the accident to authorities – taking those proper steps goes a long way towards bolstering your credibility after a wreck.
At the same time, Texas law provides important protections for accident victims: it forbids unscrupulous “ambulance chasing” scams (lawyers and their runners are legally barred from pestering you with unwanted calls or visits after a crash) and it holds insurance companies to a duty of good faith, meaning they can’t reject legitimate claims or mislead you about coverage.
If you have questions or need support after a Texas car accident, Jim Adler & Associates is here to help. Contact our team today for a free case evaluation.
