Mistakes to Avoid When Pursuing a Car Accident Claim in Texas

The most costly mistakes in a Texas car accident claim usually happen after the scene is cleared, during the weeks and months when you are dealing with adjusters, medical bills, and settlement offers. Giving a recorded statement or signing a broad medical release, leaving gaps in treatment, settling before you know the full extent of your injuries, overlooking your own insurance coverage, and letting the two-year filing deadline run are the errors that most often reduce what an injury claim is worth. Each of them can be avoided if you know how the claim process works.

Dale R. Rose has spent nearly 33 years as a Texas civil trial attorney, with over 165 first-chair jury trials, and has represented both injured people and insurance companies. That background shows how adjusters evaluate a file and where they look for leverage. If you are still in the first hours or days after a wreck, start with our guide to mistakes to avoid at the scene and right after a Texas car accident. This guide picks up where that one ends, once you have opened a claim and the negotiation begins. For an overview of how our car accident practice handles these cases, see our main practice page.

Mistake 1: Giving a Recorded Statement or Signing a Broad Medical Authorization

Within a few days of opening a claim, the at-fault driver’s insurance adjuster will usually ask for two things: a recorded statement about the crash and your signature on a medical authorization form. Both requests sound routine, and both can hurt your claim.

You are generally not required to give the other driver’s insurer a recorded statement. Questions about how you feel, how fast you were going, or whether you saw the other car can lock you into answers before you have your medical records, the crash report, or a clear memory of the event. Short, uncertain answers are often quoted back later to minimize your injuries or suggest you share the blame.

Why the Medical Release Matters

A blanket medical authorization can give the insurer access to years of records that have nothing to do with the wreck. Adjusters may use an old back complaint or a prior doctor visit to argue that your pain came from a pre-existing condition. You do need to provide records that relate to your crash injuries, but there is usually no reason to sign an open-ended release. A lawyer can request and provide the relevant records instead. Our post on whether pre-existing conditions affect a Texas car accident claim explains how Texas law treats an aggravated prior injury.

Mistake 2: Leaving Gaps in Medical Treatment

Insurance companies read medical records closely, and they look first at the dates. A gap of several weeks between appointments, a missed physical therapy session, or stopping treatment early is often presented as proof that you had recovered or that something other than the crash caused your symptoms.

Follow your doctor’s treatment plan, keep every referral appointment, and tell your providers about every symptom, even ones that seem minor. If you have to stop treatment for a reason such as cost, transportation, or work, make sure the reason is documented. Consistent care protects your health first, and it also creates the record that connects your injuries to the collision.

Mistake 3: Failing to Track Every Loss

Texas law allows an injured person to seek compensation for economic losses, such as medical expenses and lost earnings, and for non-economic losses, such as physical pain, mental anguish, and physical impairment. Insurers pay for what you can document, and many people undervalue their own claims simply because they did not keep records. Useful records to keep from the start include the following:

• Medical bills and receipts: hospital and doctor bills, prescriptions, braces, and out-of-pocket copays
• Proof of lost income: pay stubs, a letter from your employer, and records of used sick or vacation time
• Travel costs: mileage and parking for medical appointments
• A recovery journal: short daily notes on pain levels, sleep, missed events, and tasks you could not do
• Household help: what you paid others for childcare, yard work, or cleaning you could no longer manage

A journal written as you go is far more persuasive than a summary written months later. Our guide on how compensation is determined in a car accident claim explains how these categories are valued.

Mistake 4: Settling Before You Know the Full Extent of Your Injuries

Some injuries take months to declare themselves. A herniated disc may require injections or surgery long after the crash, and a concussion can cause symptoms that last well beyond the first few weeks. If you settle before your doctors can say whether you will need future care, you may give up the money needed to pay for it.

Most settlements require you to sign a release of all claims. Once it is signed and the check is cashed, you generally cannot reopen the claim, even if your condition gets worse. Many injury lawyers recommend waiting until you reach maximum medical improvement, the point where your doctors expect no further significant change, or until your future treatment needs can be estimated with confidence. Waiting must still be balanced against the filing deadline discussed below.

Mistake 5: Accepting the First Offer Without Understanding It

A first offer is a starting point for negotiation, and it often arrives before the insurer has seen your complete medical file. Before you respond, it helps to know what the number is supposed to cover and what will come out of it.

Paid Versus Billed Medical Expenses

Under Section 41.0105 of the Texas Civil Practice and Remedies Code, recovery of medical expenses is limited to the amount actually paid or incurred by or on behalf of the injured person. If your health insurance negotiated a lower rate, the recoverable amount may be smaller than the hospital’s billed charges, and an offer may be built on that lower figure.

Liens and Reimbursement Claims

Hospitals that treat accident victims can assert a lien on the claim under Chapter 55 of the Texas Property Code, and health insurers, Medicare, and some other payers may have reimbursement rights. Those amounts are typically paid out of the settlement, so the figure on the offer is not the amount you take home. Our post on how Medicare affects a personal injury claim covers one common example. If negotiations stall, our guide on steps to take when you encounter a settlement delay explains your options.

Mistake 6: Overlooking Your Own Insurance Coverage

Many people assume the at-fault driver’s insurer is the only source of payment. In Texas, your own policy may also help, often sooner. Insurers must offer personal injury protection (PIP), which is part of your policy unless you rejected it in writing. PIP can pay a portion of medical bills and lost income regardless of who caused the crash. If the other driver had no insurance or not enough to cover your losses, uninsured and underinsured motorist (UM/UIM) coverage may apply.

Your own policy has its own rules. Many policies require prompt notice of the crash and your cooperation with the claim, and UIM coverage often comes with conditions about settling with the at-fault driver. Read your policy, and talk with a lawyer before accepting the other driver’s policy limits if a UIM claim is possible. Our posts on what happens if you do not contact your insurance after an accident and suing underinsured drivers in Texas cover these issues in more depth.

Mistake 7: Accepting the Insurer’s Version of Fault

Adjusters frequently argue that you were partly to blame, because every percentage point of fault lowers what they pay. Texas follows the proportionate responsibility rules in Chapter 33 of the Civil Practice and Remedies Code. Your recovery is reduced by your percentage of responsibility, and if you are found more than 50 percent responsible, you cannot recover damages from the other parties.

An adjuster’s fault estimate is a negotiating position, not a legal finding. Evidence such as the crash report, photos, witness statements, and vehicle data can change that number. Do not agree to a fault split in a phone call or email without reviewing the evidence first. Our guide to comparative fault in a Texas car accident case explains how these percentages are argued.

Mistake 8: Talking About Your Claim on Social Media

Social media mistakes do not stop after the first week. While a claim is open, insurers may review public profiles for photos, check-ins, and comments that seem to conflict with your injuries. A picture from a birthday party or a post about returning to the gym can be used out of context to argue that you are not as hurt as your records show.

Avoid posting about the crash, your injuries, your activities, or your claim until it is resolved, and do not delete existing posts, since that can create separate problems. Our post on how social media can impact your personal injury claim covers the specific risks.

Mistake 9: Letting the Filing Deadline Run Out

Under Section 16.003 of the Texas Civil Practice and Remedies Code, most personal injury lawsuits must be filed within two years from the date of the injury. Negotiating with an insurance company does not pause that deadline. If talks drag on and the two years pass without a lawsuit, the claim may be barred no matter how strong it is, and the insurer has little reason to keep negotiating.

Claims against a city, county, or state agency, for example a crash involving a government vehicle, carry a much earlier requirement. The Texas Tort Claims Act generally requires written notice within six months of the incident under Section 101.101, and some city charters set even shorter notice periods. Tracking these deadlines from the start keeps you from losing leverage at the end. Our overview of the steps of a Texas personal injury claim shows where the deadline fits in the process.

Mistake 10: Trying to Handle a Disputed or Serious Claim Alone

Some minor property-damage claims can be resolved without a lawyer. Claims involving significant injuries, disputed fault, multiple insurers, or future medical care are different. They often require medical narratives, wage documentation, a formal demand, and sometimes a lawsuit and discovery before an insurer will make a fair offer. Our post on what makes a claim go to trial explains when cases move past negotiation.

A car accident lawyer can handle communication with the insurers, gather and organize the evidence, calculate the full value of your losses, deal with liens, and file suit before the deadline if negotiations fail. Every case is different, and prior results do not guarantee a similar outcome, but a claim prepared carefully from the start is harder for an insurer to discount.

Talk With a Texas Car Accident Lawyer About Your Claim

Dale R. Rose is a civil trial attorney with nearly 33 years of experience, over 165 first-chair jury trials, and cases handled in 54 Texas counties. Having represented individuals, small companies, large corporations, and insurance companies, he understands how claims are evaluated from both sides of the table and prepares each case as if it may go to trial.

We offer free consultations and handle injury cases on a contingency fee basis, which means there are no attorney fees unless we recover compensation for you. How case costs and expenses are handled is explained in our written fee agreement before you decide to hire us. To discuss your claim with our McKinney office, set up a free consultation.

Frequently Asked Questions About Car Accident Claim Mistakes in Texas