What To Do
The days after a crash decide what the claim is worth
A car accident is frightening and disorienting, and the insurer on the other side knows it. The first calls you take and the first forms you sign are not neutral paperwork — they are the record your claim will be judged on.
Before any of that, two things matter more than the rest: be seen by a doctor even if you feel able to walk away, and photograph everything while it is still there — the vehicles, the road, the light, the other driver’s insurance card. A gap in treatment and a scene nobody recorded are the two holes no attorney can fill in later.
None of the steps below require a lawyer. All of them are easier with one, and the last of them is the one people most often skip.
Two years, usually
The Texas filing deadline — and the evidence goes cold long before it does.
Nothing is off the record
Every call with an adjuster becomes a document your claim is read against.
Asking costs nothing
The case review is free, and there is no fee unless you recover.
Step By Step
Eight steps, in order
Half of them are things not to do, and the middle three all happen inside a single phone call with somebody else’s adjuster. They are grouped below the way they actually arrive.
What you do first
- 01
File an initial insurance claim
An insurance claim is the crucial first step after an auto accident. File it as soon as you can so the process can begin — a delay is the first thing an adjuster will use to question whether you were really hurt.
- 02
Do not speak to a claims adjuster
An adjuster may contact you within days. You are not required to speak to them, and every situation is different, so it is worth consulting an attorney before you do.
If they get you on the phone anyway
- 03
Decline to give a recorded statement
The law does not require you to give a recorded statement after an accident. If you feel uncomfortable giving one, do not give one.
- 04
Do not speculate about fault
It is natural to want to talk through who caused the crash. Do not speculate, and do not accept responsibility for it — a sentence said at the scene out of politeness can be quoted back at you a year later.
- 05
Answer only the question asked
When speaking with the negligent driver’s insurance company, answer truthfully and do not volunteer anything beyond what was asked.
Before you sign or settle
- 06
Do not sign anything
If you are sent paperwork authorising something, do not sign it without consulting an attorney. The same goes for blanket authorisations to release your medical records — they are rarely as narrow as they look.
- 07
Keep detailed records
Keep copies and notes of every piece of correspondence with the insurance company, stored somewhere you will still be able to find it in a year.
- 08
Consult an attorney before you accept anything
Before accepting any initial settlement offer, talk to an experienced attorney who can walk you through what the claim is actually worth.
Where We Come In
You do not have to work out which of these applies
Tell us what happened and we will tell you where your claim stands, what the deadline is, and whether you need us at all.
At Genthe Law Firm we handle car accident cases every day, and we know how stressful the weeks after one are. The review is free, there is no fee unless you recover, and nothing about the call obliges you to hire anybody.
We take the calls
From the day you sign, the adjuster rings us instead of you.
We get the record
The report, the footage, the medical notes — before any of it is gone.
We tell you where you stand
Including when the honest answer is that you do not need us.
Read Next
The parts of this worth reading properly
Three of the eight steps turn on something with a page of its own — what you owe an adjuster, what your own policy already covers, and how long any of it lasts.
- Talking to the insurance companyWhat you have to say, and what you never have to
- Uninsured & underinsured driversThe cover on your own policy you are already paying for
- How long you have to claimTexas deadlines, and the evidence that expires first
- Dallas car accident lawyerHow a crash claim is built, valued and paid
- Frequently asked questionsThe questions we answer most on the first call
- All practice areasTrucks, motorcycles, pedestrians, wrongful death
