Reviewed and approved by Samuel Corso, licensed Texas insurance agent.
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What to do after a car accident in Texas
The minutes after a wreck are a hard time to work out what to do next. This guide separates the steps at the scene from the insurance steps that follow, using what Texas state agencies publish.
The short version. After a car accident in Texas, the Texas Department of Insurance (TDI) says in its wreck tips to move out of the road if no one was injured and to call the police if someone was injured or the other driver drove away. The same page says to collect the other driver's information at the scene and, after you get home, to call your insurance company to report the accident.
Here's what we'll cover: what to do before you leave the scene, who files the crash report, what to collect and what TDI says about hit-and-run reports, which policy to claim on, the claim deadlines TDI describes, and what happens with repairs, a totaled car, and a rental.
At the scene: what you need to do
At the scene of a car accident in Texas, the steps come down to safety and information. TDI lists both in Were you in a wreck? Tips for auto insurance claims, last updated September 24, 2025, and in its Auto insurance guide, last updated December 11, 2025.
- If no one was injured. Move out of the road, the wreck tips say.
- If someone was injured or the other driver drove away. Call the police, according to the wreck tips. The auto guide also says to call the police if anyone was injured, if you were hit by a driver who left the scene, or if the other driver refuses to tell you the name of his or her insurance company.
- If you can't drive your car. According to the wreck tips, the police will call a tow truck driver, and that you can tell them to take the car to a car storage lot or body shop of your choice.
- What to exchange. The auto guide says to get the other driver's name, address, phone number, and license plate number, to write down the exact name of the other driver's insurance company, the company's phone number, and the policy number, and to give the other driver the same information about you. To save time, the guide suggests taking a picture of the other driver's insurance card.
Who files the crash report
Crash reports for car accidents in Texas are kept by the Texas Department of Transportation (TxDOT), according to its Crash reports and records page. The page says TxDOT is the custodian of crash records for the state and collects crash reports from Texas law enforcement agencies for crashes occurring on public roadways and the state highway system.
That TxDOT page says an officer who investigates a crash that results in injury, death, or apparent damage of $1,000 or more to any one person's property is required to submit a written report to TxDOT no later than the tenth day after the crash.
On reports filled in by drivers, the TxDOT page says that, effective September 1, 2017, the Driver's Crash Report (Form CR-2) is no longer retained by TxDOT, that TxDOT no longer hosts or provides copies of the form, and that any CR-2 or similar local agency form submitted to TxDOT will be destroyed. It adds that drivers in a crash not investigated by a police officer who were given a CR-2 or similar local agency form should retain it for their records.
So when no officer investigates, there may be no officer's report on file. Pictures and written details are among the information TDI's wreck tips list to get for a claim.
If an officer did file a report, the TxDOT page says you can get a copy of the Texas Peace Officer's Crash Report (CR-3) through its Crash Report Online Purchase System. As shown on that page on October 1, 2026, the cost is $6 for a regular copy and $8 for a certified copy, with a minimal surcharge for using the online system and possible additional processing fees for credit card transactions. The page lists who can receive a crash report, including any person involved in the accident and the owner of a vehicle damaged in it, and says people who do not meet its criteria receive a redacted copy.
TDI's wreck tips say to get a copy of the police report for your insurance company. TDI's Auto insurance guide says it usually takes a few days for the police officer to file a report, and suggests getting the officer's name and badge number so you can follow up.
What to collect, and what TDI says about hit-and-run reports
For a car accident claim in Texas, there are four things to get at the scene, according to TDI's wreck tips: the other driver's information, pictures, witness names and phone numbers, and written details of what happened.
- The other driver's information. The wreck tips say to take a picture of their insurance card and driver's license and, if they don't have an insurance card, to ask for their name, phone number, insurance company name, and policy number.
- Pictures. The same page says to get pictures of the other cars involved, including license plates and damages, and of street signs and road angles.
- Witnesses. The same page says to ask witnesses for names and phone numbers. TDI's Auto insurance guide says independent witnesses can help prove fault if another driver caused the accident, and that if you don't have witnesses and the other driver denies fault, his or her insurance company might deny your claim.
- Details. Write down the location, the time of the wreck, the weather conditions, and what happened, the wreck tips say.
On hit-and-run accidents, TDI's Auto insurance guide says to call the police if you were hit by a driver who left the scene, and gives this reason: "Your uninsured motorist coverage won't pay for a hit-and-run accident if you didn't report it to police."
A police report is the condition TDI's guide attaches to that coverage, so a hit-and-run is one situation where the call to police connects directly to an insurance claim. The same guide says uninsured/underinsured motorist coverage also pays if you're in a hit-and-run accident, that insurance companies must offer you this coverage, and that if you don't want it, you must tell the company in writing. Our guide to uninsured and underinsured motorist coverage in Texas goes through that coverage in more detail.
Which insurance to claim on
When you think the other driver caused a car accident in Texas, you can report the wreck to that driver's insurance company, according to TDI's wreck tips, which also say to file a claim with your own company if the other company won't pay the full amount or refuses to pay.
If you think the other driver caused the accident. TDI's Accident not your fault? Here's how to deal with the other driver's insurance, last updated April 24, 2025, says the other driver's insurance should pay for your car repairs, medical bills, and a rental car, and that there is no guarantee it will pay. The page says the other company might say its driver wasn't at fault and refuse to pay, say both drivers were at fault and want you to pay some of your costs, say its driver doesn't have enough insurance to pay all your costs, or not return your calls or emails. It explains the difference this way:
"You don't have a contract with the other driver's insurance, so you don't have the same options you would with your own company."
In plain terms, your own policy is a contract you hold, and the other driver's policy is one you are not a party to. The same TDI page says to let your own insurance company know when you file a claim with the other driver's insurance and, if the other company says it won't pay you, to ask for its reason in detail and in writing.
If the other company won't pay. Three TDI pages describe a claim on your own policy, and they word it differently. TDI's wreck tips say your insurance company will try to recover the money, including your deductible, from the other driver's insurance and give your deductible back. TDI's other-driver page says that if your company gets anything back, you might get your deductible reimbursed. TDI's Auto insurance guide says you must have collision coverage to file this claim with your own company, that you'll have to pay a deductible, and that your company will probably try to collect from the other driver's company.
If the other driver didn't have insurance or drove away. TDI's wreck tips say most auto policies include collision coverage that will pay for your car repairs, and that your policy might have medical payments and personal injury protection coverages that will pay medical bills. The same page says that if you have uninsured/underinsured coverage in your auto policy, it will pay for your car repairs, a rental car, and pain and suffering, and that the deductible is usually lower than your collision deductible. Two conditions from other TDI pages apply when the driver drove away: the Auto insurance guide says uninsured motorist coverage won't pay for a hit-and-run accident if you didn't report it to police, and the other-driver page says the coverage pays for hit and run accidents if the other driver drove away and you didn't get their insurance information.
If the other driver's limits aren't high enough. TDI's Auto insurance guide says that if the other driver's policy limits aren't high enough to pay for all your car repairs, you file a claim with your insurance company, that your collision or uninsured/underinsured motorist coverage should pay the difference, and that you'll have to pay a deductible.
How a claim may show up on your record later is covered in do car insurance claims follow you in Texas.
The claim deadlines TDI describes
TDI's Auto insurance guide, last updated December 11, 2025, says Texas law sets deadlines for insurance companies to act after you file a car insurance claim, and that these deadlines don't apply if another driver's insurance company is paying the claim. The guide says a company must:
"Tell you it got your claim within 15 days of getting notice."
"Accept or reject your claim within 15 business days of getting all the information it needs from you."
"Send you a check within five business days after it agrees to pay your claim."
On the second deadline, the guide adds that a company that needs more time can take 45 days to decide whether to pay your claim, that it must tell you the reason for the delay, and that if it denies your claim it must tell you why in writing.
The guide then states the limit on those deadlines: "The prompt payment law doesn't apply if another driver's insurance company is paying the claim." It adds that the company must still act in good faith and try to settle your claim quickly and fairly.
On reporting, TDI's Auto insurance guide says to tell your company about the accident as soon as possible, and gives this reason: "Most companies have deadlines for filing claims."
Repairs, totals, and rentals
Repairs, a totaled car, and a rental car after a car accident in Texas each come with conditions, which TDI describes in its wreck tips and Auto insurance guide.
- Choosing a repair shop. TDI's wreck tips say your insurance company might give you a list of body shops, but you can take your car to any shop you choose, and suggest reading any agreement the body shop gives you before you leave your car. TDI's Auto insurance guide says some companies might give you a list of preferred repair shops but can't require you to use a shop on the list.
- Estimates and parts. According to the wreck tips, your insurance company will give you a repair estimate, that the body shop will give your company a new estimate if the repair costs more, and that your company will pay for the extra repairs if it agrees with the estimate. TDI's Auto insurance guide says the insurance company is only required to pay for parts of like kind and quality to those that were damaged, and doesn't have to pay for original parts from the manufacturer.
- A totaled car. According to the Auto insurance guide, a company might decide to total your car if the cost to repair it is close to its current value, and that it will then pay your car's value minus depreciation. The guide's example is a 10-year-old car, for which the company will pay the value of a 10-year-old used car. The guide also says that if you still owe money on your car, the amount the company pays might not be enough to pay off your loan, which happens if the car's market value is less than what you owe.
- A rental car when another driver caused the accident. TDI's Auto insurance guide says the other driver's insurance company will pay for you to rent a car, for the time the company believes is reasonable for your car to be repaired. TDI's other-driver page says there is no guarantee the other driver's insurance will pay.
- A rental car on your own policy. According to the auto guide, your insurance company will pay for a rental car after an accident if you have uninsured/underinsured motorist coverage and the driver who caused the accident didn't have insurance or enough insurance, if you have that coverage and the accident was a hit-and-run, or if you have rental reimbursement coverage. The same guide says uninsured motorist coverage won't pay for a hit-and-run accident if you didn't report it to police. It also says your company pays only for the time it believes is reasonable to repair or replace your car, at a set amount each day and only up to your policy's rental coverage dollar limits.
- If you disagree about the amount. Appraisal is the process the auto guide describes for disputes about the amount of a claim. You and the insurance company each hire an appraiser, the two appraisers choose a third as umpire, and the guide says the umpire's decision is binding on both you and the company. The guide says you pay for your appraiser and half of the umpire's expenses, and that you can use appraisal only for disputes with your own insurance company, not with another person's insurance company.
For you, this means the answer on a repair, a total, or a rental can depend on which company is paying and which coverages your policy has.
What to do with this
These are steps you can take after a car accident in Texas, in order, with the source for the facts inside each one.
- At the scene. Exchange the details TDI's Auto insurance guide lists, and take the pictures and notes its wreck tips list.
- Calling the police. The wreck tips say to call if someone was injured or the other driver drove away, and the auto guide says uninsured motorist coverage won't pay for a hit-and-run accident if you didn't report it to police.
- Your own insurance company. Report the accident as soon as possible. The auto guide says most companies have deadlines for filing claims.
- The crash report. TxDOT's Crash reports and records page says a person involved in the accident can get a copy of an officer's crash report on written request and payment of the fee, and that people who do not meet its criteria receive a redacted copy.
- A refusal to pay. If the other driver's insurance says it won't pay you, TDI's other-driver page says to ask for its reason in detail and in writing.
For questions, TDI's wreck tips give the phone number 800-252-3439.
Key facts
- TDI's Were you in a wreck? Tips for auto insurance claims says to move out of the road if no one was injured and to call the police if someone was injured or the other driver drove away.
- TDI's Auto insurance guide says to call the police if you were hit by a driver who left the scene, because uninsured motorist coverage won't pay for a hit-and-run accident if you didn't report it to police.
- TxDOT's Crash reports and records page says the Driver's Crash Report (Form CR-2) is no longer retained by TxDOT, effective September 1, 2017, and that an officer who investigates a crash resulting in injury, death, or apparent damage of $1,000 or more to any one person's property is required to submit a report to TxDOT no later than the tenth day after the crash.
- The same TxDOT page lists a crash report at $6 for a regular copy and $8 for a certified copy as of October 1, 2026, with a minimal surcharge for the online system and possible credit card processing fees.
- TDI's Accident not your fault? Here's how to deal with the other driver's insurance says the other driver's insurance should pay for your car repairs, medical bills, and a rental car, but that there is no guarantee it will pay.
- TDI's Auto insurance guide, last updated December 11, 2025, says a company must acknowledge a claim within 15 days of getting notice, accept or reject it within 15 business days of getting all the information it needs (or take 45 days if it needs more time and tells you the reason for the delay), and send a check within five business days after it agrees to pay, and that these deadlines don't apply if another driver's insurance company is paying the claim.
- TDI's Auto insurance guide says some companies might give you a list of preferred repair shops but can't require you to use a shop on the list, and that a totaled car is paid at its value minus depreciation.
Sources: Texas Department of Insurance, Were you in a wreck? Tips for auto insurance claims, Accident not your fault? Here's how to deal with the other driver's insurance, and Auto insurance guide; Texas Department of Transportation, Crash reports and records. This page is general information, not legal advice; what a specific policy pays depends on that policy's terms, and criminal and civil questions arising from a collision are matters for a lawyer.
Take the next step
Before you need it, it helps to know which coverages your own car insurance policy has, such as collision, uninsured/underinsured motorist, personal injury protection, medical payments, and rental reimbursement.
For more detail, see uninsured and underinsured motorist coverage in Texas, how a car insurance claim works in Texas, what car insurance is required in Texas, and what counts as proof of insurance in Texas.
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