Hurt in a Car Accident? Start Here.
What to Do After a Car Accident That's Not Your Fault in Texas
The first hours after a crash matter more than most people realize. Evidence disappears. Insurance adjusters start building their version of events. Here is what to do — and what not to do.
1. Call 911
Texas law requires reporting any crash involving injury or property damage over $1,000. A police report creates an official record that protects your claim from the start.
2. Document Everything at the Scene
Photograph the vehicles, road conditions, traffic signals, and any visible injuries. Get the other driver's insurance information, license plate, and contact details. Collect witness names if anyone stopped.
3. Seek Medical Attention Immediately
Even if you feel fine, get evaluated. Some injuries — whiplash, internal trauma, concussions — don't show symptoms right away. A medical record ties your injuries to the crash.
4. Do Not Admit Fault
Do not apologize. Do not speculate about what happened. Anything you say at the scene can be used against your claim later.
5. Call Wincorn & Associates
We can begin preserving evidence, pulling the crash report, and communicating with the insurance company on your behalf — often the same day you call.
What You Can Recover After a Not-at-Fault Crash
A car accident claim in Texas can cover more than most people expect. Compensation in a crash injury claim typically includes:
- Emergency and ongoing medical bills
- Lost wages during recovery
- Rental car costs while your vehicle is repaired or replaced
- Pain and suffering damages
- Future medical treatment if injuries are long-term
- Property damage to your vehicle
We work quickly to document your losses and present a complete picture to the insurance company — so nothing gets left on the table.
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What If the Other Driver Is Blaming You?
Texas follows a modified comparative fault rule. Under this law, you can still recover compensation as long as you are found to be less than 51% responsible for the crash. Your recovery is reduced by your percentage of fault — but it is not eliminated.
Insurance companies know this rule, and they use it. Adjusters will look for any statement, social media post, or inconsistency they can use to shift blame in your direction. Our job is to counter that — with evidence, with the crash report, and with the legal arguments that protect your right to recover.
Do not accept a fault determination from an adjuster before speaking with a DFW car accident lawyer.
We Help You Get Back on the Road and Back to Healing
Two things our clients ask about first: their car and their medical care. We help with both — fast.
If the at-fault driver's insurance is responsible for your vehicle, we coordinate rental car coverage so you are not stranded while the claim is processed. We also connect clients with medical providers who understand personal injury cases and can treat you without requiring upfront payment in many situations.
You should not have to choose between getting care and paying rent. We move quickly so you don't have to make that choice.
Serving Car Accident Victims Across the DFW Metroplex
Our offices in Richardson/Dallas and Arlington give us coverage across both Dallas and Tarrant counties. We regularly represent clients from crash corridors throughout the region — including the I-635 and I-30 corridors in Dallas, US-75 through Plano and Richardson, and I-20 and SH-360 near Arlington and Grand Prairie.
If you were in a wreck anywhere in the DFW area, we are close by and ready to help.
We serve clients in Dallas, Plano, Arlington, Richardson, Irving, Garland, Grand Prairie, Mesquite, Frisco, McKinney, and the surrounding communities.
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Questions Car Accident Victims Ask Us Most
What should I do after a car accident that's not my fault in Texas?
Call 911, document the scene, get medical attention, and avoid discussing fault with anyone at the scene. Then contact a car accident lawyer before speaking with the other driver's insurance company. The steps you take in the first 24–48 hours have a direct impact on your claim.How does a car accident lawyer near me help with a free consultation?
A free consultation lets us review the facts of your crash, explain your rights under Texas law, and tell you honestly what your claim may be worth — at no cost and no obligation. We handle personal injury cases on contingency, which means you pay nothing unless we recover for you.Will I be stuck without a car after the accident?
Not if we can help it. We work to activate rental car coverage through the at-fault driver's insurance quickly so you are not left without transportation while your claim is pending.How long do I have to file a car accident claim in Texas?
Texas gives most car accident victims two years from the date of the crash to file a personal injury claim. However, evidence degrades and witnesses become harder to reach over time. The sooner you contact us, the stronger your case.What if the insurance company offers me a quick settlement?
Early settlement offers are almost always lower than what your case is worth. Insurance companies move fast to close claims before the full extent of your injuries is known. Do not sign anything before speaking with an attorney. Do I have a case if I was partly at fault? Possibly, yes. Under Texas modified comparative fault rules, you can recover compensation as long as you are less than 51% responsible for the crash. We review the evidence and work to minimize any fault assigned to you.