Handling your own injury claim in Texas: when it works and when to stop

Sometimes you can, and this is where the line falls

Yes, you can handle some accident claims yourself in Texas, and for many minor collisions you should. If nobody was hurt or the injury was minor and fully healed after a short course of treatment, fault is clear, and the other driver's insurer is cooperating, you can usually resolve the claim directly. Once there is a significant injury, disputed fault, a commercial truck or rideshare vehicle, too little insurance, a recorded statement request, or a release in front of you, it is time to get advice before going further.

I am a founding partner at Garcia, Garcia & Mullen, and personal injury is my practice. People are sometimes surprised that an injury lawyer would tell them to handle a claim on their own, but a lawyer's fee on a small, clear claim often does not make sense, and I say so. This guide shows you how to do it well and when to stop. It is general information, not legal advice; for advice on your situation, talk to a licensed Texas attorney.

Claims people usually manage well on their own

In my experience, these situations rarely need a lawyer, as long as nothing changes along the way. The common thread is that the facts are simple, the losses are known and modest, and the insurer is acting in good faith.

Even in these situations, keep the door open. See a doctor if anything hurts, because some injuries take days to show up, and do not sign anything that releases your injury claim until you are sure you have recovered. Handling a claim yourself works best when you move deliberately, keep copies of everything, and treat each conversation with the insurer as if it were being written down, because it usually is.

• Property damage only: a dented bumper, a broken mirror, a car that drives fine after repairs.
• Fault is not in dispute, and the police report or the other driver's insurer says so.
• Soreness that cleared up within a few weeks with little or no treatment.
• Medical bills that are small, already known, and largely covered by your own personal injury protection.
• No missed work, or only a day or two that is easy to document.

The paperwork you need, whoever handles the claim

Start with the crash report. When police investigated, the Texas Department of Transportation sells copies of the Texas Peace Officer's Crash Report through its Crash Report Online Purchase System, and the report arrives by email. TxDOT lists the fee as $6 for a regular copy and $8 for a certified copy, plus processing fees, and says people directly concerned in the crash can get an unredacted copy. If police did not investigate, TxDOT notes that it no longer keeps driver crash reports, so keep your own record of what happened.

The Texas Department of Insurance consumer guide recommends collecting the other driver's name, contact information, plate number, insurer and policy number, witness contact details, the time, place, weather and road conditions, and photos of the scene. It also advises telling your own company about the accident as soon as possible, since most policies have deadlines for reporting, and sending your insurer the police report and, if you were hurt, your medical reports and bills. Keep everything in one folder, paper or digital, from the first day.

Running the vehicle damage claim yourself

The car is usually the easiest part. You can file against the at-fault driver's insurer, and the TDI guide notes that you do not pay a deductible on a claim against another driver's insurance company. If that insurer is slow or disputes fault, the same guide says you can file with your own company instead if you carry collision coverage, paying your deductible, and your company will probably try to collect from the other driver's insurer.

Get your own repair estimate, and know that TDI says an insurer may give you a list of preferred shops but cannot require you to use one. Ask how the insurer arrived at the value if the car is declared a total loss. For the repair side of a wreck, including how insurer-recommended shops work, a collision repair owner in our area wrote a practical guide on what to do about the body shop and the insurer after a wreck.

Handling a small injury claim without a lawyer, step by step

If you were hurt but the injury was minor and has resolved, you can present the claim yourself. The key is to wait until treatment is finished, so you know the full cost, and then document everything in one package. Do not settle the injury part of a claim while you are still treating. A check cashed early closes the claim, even if your doctor later recommends an MRI or physical therapy.

One Texas rule is worth knowing before you add up your bills. Under the Civil Practice and Remedies Code, recovery of medical expenses is limited to the amount actually paid or incurred by you or on your behalf. In practice, that means the amount your health insurer or your PIP coverage actually paid and what you still owe, not necessarily the higher number printed on the original bill. Ask your providers for itemized statements showing both.

• Finish treatment, or reach the point your doctor says you have recovered.
• Collect itemized medical bills and records for every provider, including pharmacy receipts.
• Document lost time with a letter from your employer or pay stubs.
• Write a short, factual summary of the crash, your injuries, your treatment and how it affected your daily life.
• Send the package to the adjuster with a specific amount you are asking for, and keep a copy.
• Expect a counteroffer, respond in writing, and keep every exchange polite and factual.

Warning signs that the claim has outgrown a do-it-yourself approach

Claims change. A neck strain becomes a disc injury, an adjuster who seemed friendly starts disputing fault, or you learn the other driver has minimum coverage and your bills are already past it. Any of these is a reason to pause and get a professional opinion. A free consultation costs you nothing and does not commit you to anything.

• Your doctor recommends imaging, injections, surgery or long-term therapy.
• You have missed more than a few days of work or cannot do your job the same way.
• The insurer disputes fault or says you were partly to blame.
• A commercial truck, company vehicle, rideshare car or government vehicle was involved.
• The at-fault driver has no insurance, or not enough to cover your losses.
• The adjuster asks for a recorded statement or a broad medical authorization.
• You have been sent a release, or an offer arrived before you finished treatment.
• Someone died, or a child was seriously hurt.

What the adjuster is weighing on the other side of the desk

The other driver's adjuster works for the company that will pay your claim. Their job is to resolve claims fairly but economically, and they handle many more claims than you ever will. They look for gaps in treatment, prior injuries, inconsistencies between what you said at the scene and later, and anything that suggests you share the blame. That is not personal; it is the job.

Texas does give you some protection. The TDI guide explains that the prompt-payment deadlines that apply to your own insurer do not apply when another driver's insurer is paying, but that insurer must still act in good faith and settle fairly and quickly. If you believe an insurer is handling your claim unfairly, TDI accepts written complaints, though it notes its ability to help may be limited. Most people never need that step, but knowing it exists keeps the conversation balanced. For a full picture of which policies can pay which bills, read my guide on whose insurance pays medical bills after a Texas crash.

A release is permanent, so read it twice

Every settlement ends with a release. Once you sign it and accept payment, the claim is over, and you generally cannot reopen it because an injury turned out worse than you thought. Read the release before signing. Check whether it covers only the at-fault driver or everyone connected with the crash, whether it releases claims you did not intend to give up, such as property damage still being repaired, and whether it requires you to pay back health insurers or other lienholders out of the settlement.

If anything in the release is unclear, that is the moment to ask a lawyer to read it. Many firms, ours included, will look at your situation in a free consultation before you sign. If it turns out a lawyer would help, my guide to what a personal injury lawyer costs in Texas explains exactly how the fee works.

When you want a second opinion from us

Call us at any point, even in the middle of handling the claim yourself. We will listen to what happened, look at where things stand with the insurer, and tell you honestly whether you are better off continuing on your own. If the adjuster has already called and you are not sure what to say, start with what to do when the adjuster calls after a Dallas car accident.

If you hire us, we notify the insurers that you are represented, and from that point their calls and letters come to us. We investigate, build the claim, negotiate, and file suit if a fair settlement is not offered. For personal injury claims, there is no attorney fee unless we recover compensation. We represent people across Dallas, Tarrant, Collin, Denton and Kaufman counties, and our phone line is answered around the clock.

Questions people ask me