What to Do After a Car Accident: A Step-by-Step Guide for Texas, Tennessee, Missouri and Wisconsin
Reviewed and approved by Orville Dunk
Published · Updated
The short answer: get to safety, call 911 if anyone is hurt, and get checked by a doctor even if you feel fine. Photograph everything, swap names and insurance details, and get the police report number. Tell your own insurer promptly. Be careful with the other driver's adjuster, and don't sign a release or take a quick offer before you understand your injuries. Filing deadlines differ a lot by state, from one year in Tennessee to five years in Missouri.
A crash scrambles your thinking. That's normal. This guide walks through what to do in order, from the first minutes at the scene to the point where an insurance claim is underway. It also covers the rules that differ in Texas, Tennessee, Missouri and Wisconsin, where Dunk Law Firm has offices.
This is general information, not legal advice for your situation. If you've been hurt and want to talk it through, Call (888) 551-3865 for a free case review.
Step 1: Get safe and call 911
Check yourself and your passengers first. If the car can be driven and you're blocking traffic, move it to the shoulder or a nearby safe spot and turn on your hazard lights. If someone is badly hurt, or the car can't be moved safely, stay put and keep people away from traffic.
Call 911 whenever anyone is hurt, a driver seems impaired, a driver tries to leave, or the cars can't be moved. A 911 call gets medical help moving and usually brings an officer who will write the crash report you'll need later.
State law sets some of this out. In Texas, a driver in a crash that injures or kills someone must stop, check whether anyone needs help, and stay until they've exchanged information. Texas also requires drivers to report injury crashes, and crashes that leave a car undrivable, to local police, the sheriff or the Texas Department of Public Safety by the quickest means available. Wisconsin has a similar immediate-notice rule for crashes involving injury, death or significant property damage.
Step 2: Get medical care, even if you feel okay
Adrenaline hides pain. Some injuries, like concussions, whiplash and internal injuries, may not show up for hours or days. Let paramedics check you at the scene, and see a doctor, urgent care or the ER the same day or as soon as you can.
Quick care protects your health, and it matters for a claim: insurers often point to gaps between the crash and your first doctor visit to argue you weren't really hurt, or that something else caused the injury. Tell the doctor you were in a car crash and describe every symptom, even ones that seem minor. Then follow the treatment plan and keep your appointments.
Watch for headaches, dizziness, confusion, nausea, neck or back pain, numbness or tingling, and belly pain in the days after a crash.
After a blow or jolt to the head, the CDC says to get emergency care right away for danger signs such as a headache that gets worse and won't go away, repeated vomiting, weakness or numbness, slurred speech, confusion, or being very drowsy or hard to wake.
Step 3: Take photos and find witnesses
If you can do it safely, use your phone to document the scene before the cars are moved or towed. Scene evidence disappears fast: skid marks fade, debris gets swept up, and nearby security video is often recorded over.
All vehicles from several angles, including damage, license plates and where they ended up
The road: traffic signals, stop signs, lane markings, skid marks, debris, weather and lighting
Your injuries, that day and again over the following days as bruising develops
The other driver's license, insurance card and registration (ask first, or write the details down)
Names and phone numbers of witnesses. Independent witnesses can matter a great deal if fault is disputed.
Anything that could have video: dashcams, doorbell cameras, business security cameras, traffic cameras
Step 4: Exchange information, but don't argue about fault
Get the other driver's name, address, phone number, driver's license number, plate number, vehicle make and model, and insurance company and policy number. If the driver doesn't own the car, get the owner's name too. If it's a work truck or company vehicle, note the company name and any USDOT number on the door.
State law backs this up. Texas and Tennessee both require drivers in an injury crash to give their name, address and vehicle registration number, show a driver's license if asked, and give reasonable help to anyone injured. Texas also requires drivers to share the name of their liability insurer. In Missouri, leaving the scene of an injury or property-damage crash without giving your name, address, plate number and license number is a crime.
Stay calm and stick to facts. Don't apologize or guess about what happened ("I didn't see you" or "I'm fine"). Those words can be quoted back to you later, even when the crash wasn't your fault. If the other driver gets angry, wait in your car for police.
Step 5: Get the police report number
Before you leave, ask the officer for their name, their agency (city police, sheriff or state patrol) and the report or case number. You'll need all three to get a copy of the crash report later. The report usually includes the officer's diagram and narrative, driver and vehicle details, and insurance information.
The report isn't the final word on fault, and it can contain mistakes. If something in it is wrong, contact the agency that wrote it and ask how to request a correction or add a supplement. How to get a copy in each state is covered below.
Step 6: Notify your own insurance company
Tell your own insurer about the crash promptly, even if the other driver was at fault. Most auto policies require prompt notice and cooperation, and waiting can create problems with your coverage. Your own policy may also include benefits that help right away, such as medical payments coverage, personal injury protection, collision coverage, rental coverage, or uninsured and underinsured motorist coverage if the other driver has little or no insurance.
Give your insurer the basic facts and the report number, and check your declarations page to see what coverage you have. If the other driver fled, tell your insurer and the police quickly. Uninsured motorist coverage may apply to a hit-and-run, but the policy will set its own notice requirements.
Step 7: Be careful with the other driver's adjuster
Soon after the crash, an adjuster from the other driver's insurance company may call you. They may be friendly and sound helpful, but their job is to protect their customer and keep the cost of your claim down.
You can keep the first call short: confirm your name and contact details, and say you're still getting medical care.
You can politely decline to give a recorded statement until you've had a chance to get advice. Recorded statements are often used to lock in details before you know the full extent of your injuries.
Be cautious about signing a broad medical authorization. It can give the insurer access to years of unrelated medical history.
Don't downplay your injuries. "I'm okay" on day two can be used against you if you need surgery later.
Keep your social media quiet. Posts can be taken out of context.
Step 8: Don't rush into a settlement or sign a release
Some insurers make a fast offer, sometimes within days, and ask you to sign a release. A release is usually final. Once you sign it and accept payment, you generally give up the right to ask for more for that crash, even if you later learn your injuries are worse than you thought.
Before you accept anything, it helps to know the full picture: your diagnosis, whether you'll need more treatment, how long you'll be out of work, and what insurance is available. Every case is different, and no one can honestly predict what a claim is worth on day one.
Step 9: Keep records of everything
Start a folder, paper or digital, the day of the crash and keep adding to it.
The crash report and the officer's contact information
Your photos, videos and witness contacts
Medical records, bills, prescriptions, receipts and mileage to appointments
Proof of missed work: pay stubs and a note from your employer
Repair estimates, towing and rental receipts
Every letter, email and claim number from any insurance company, plus notes from each phone call (date, name, what was said)
A short injury journal: pain levels, sleep, what you couldn't do that day
Step 10: When to talk to a lawyer
Not every fender-bender needs a lawyer. But it's worth getting advice early if anyone was seriously hurt or killed, if fault is disputed, if a commercial truck, company vehicle or rideshare was involved, if the other driver was uninsured or fled, if the insurer is pressing for a recorded statement or a quick release, or if your injuries are keeping you from work.
Getting advice early also helps protect evidence, such as dashcam video, GPS and driver records a company may not keep forever. And the filing deadline in your state keeps running whether or not an insurance claim is open.
Dunk Law Firm offers free case reviews for people hurt in crashes in Texas, Tennessee, Missouri and Wisconsin. Call (888) 551-3865 to talk through what happened.
Fault rules and filing deadlines by state
Two rules shape almost every car crash claim: how fault is shared, and how long you have to file a lawsuit. Here's how they work in the four states where we have offices. These are general rules. Exceptions exist, and the right deadline for a specific case depends on its facts, so don't rely on this to calculate your own date.
Texas. Fault: Texas uses proportionate responsibility. If you're found more than 50% responsible, you can't recover damages. If you're 50% or less responsible, your damages are reduced by your share (Tex. Civ. Prac. & Rem. Code §33.001, §33.012). Deadline: generally two years from the date the claim accrues for personal injury, and two years from the date of death for a death claim (§16.003).
Tennessee. Fault: Tennessee uses modified comparative fault. If you're 50% or more at fault, you can't recover. Below that, your damages are reduced by your share (McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992); Tenn. Code Ann. §29-39-102). Deadline: generally one year after the claim accrues for personal injury (Tenn. Code Ann. §28-3-104(a)(1)). That's short, so don't wait. A narrow two-year exception applies only when specific criminal-charge conditions are all met, so don't count on it.
Missouri. Fault: Missouri uses pure comparative fault. Your recovery is reduced by your share of fault, but there's no percentage cutoff that bars you completely (Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983)). Deadline: generally five years for personal injury (RSMo §516.120(4)). A wrongful death claim has a shorter, separate deadline: generally three years (RSMo §537.100).
Wisconsin. Fault: Wisconsin uses modified comparative negligence. You can recover only if your negligence is not greater than the negligence of the person you're seeking recovery from, and your damages are reduced by your share. Your negligence is compared separately against each person found causally negligent, which matters in multi-vehicle crashes (Wis. Stat. §895.045(1)). Deadline: generally three years for personal injury, including motor vehicle crashes (Wis. Stat. §893.54(1m)). A wrongful death claim arising from a motor vehicle crash has a shorter deadline: two years (§893.54(2m)).
Claims against a city, county or state agency, for example after a crash with a government vehicle, follow separate rules that this guide doesn't cover. If a government vehicle or road defect is involved, get advice quickly.
How to get your crash report in each state
Start by confirming which agency investigated the crash: city police, the county sheriff or the state patrol. That decides where the report lives. Reports aren't usually available right away, and the investigating agency, not the state database, usually holds things like scene photos and dashcam video.
Texas. TxDOT keeps peace officer crash reports (Form CR-3). You can buy a copy through TxDOT's Crash Report Online Purchase System (CRIS), and it's emailed to you after purchase. Officers generally have 10 days to submit reports, so it may take a while to show up. People directly involved in the crash, and certain others, can get a full copy; others get a redacted one. Details are on TxDOT's crash reports page.
Tennessee. Use the state's online crash report purchase site. You'll need your last name, the crash date, the reporting agency and your driver's license number, plus a VIN, plate or case number. If the Tennessee Highway Patrol investigated, you can also get a copy at a THP district office or by mail, usually about seven days after the crash. If a city police department or sheriff investigated, you can also ask that agency. See the Tennessee Department of Safety's instructions.
Missouri. If the Missouri State Highway Patrol investigated, wait 10 days after the investigation, then use the Patrol's crash report request form and send it to the troop headquarters or Patrol Records Division. The Patrol currently warns of a backlog. If city police or a sheriff investigated, request the report from that agency. In Kansas City, for example, KCPD reports are available through its online crash report page.
Wisconsin. Buy and download the report from WisDOT's crash report portal, searching by document number, or by crash date and Wisconsin driver's license number. Reports appear once the investigating agency completes and sends them, which can take 10 business days or more, and they stay online for four years from the crash date. For anything beyond the report, contact the agency that investigated.
Keep going: related guides
These guides go deeper on parts of the process:
Talk to Dunk Law Firm
If you or someone in your family was hurt in a crash in Texas, Tennessee, Missouri or Wisconsin, we're glad to listen and explain your options. The review is free. Call (888) 551-3865, available 24/7.
Frequently asked questions
Should I call the police after a minor car accident?
It's usually a good idea, and it's required in many situations. Texas requires drivers to report crashes involving injury or death, or damage that leaves a car undrivable, to local police, the sheriff or DPS right away. Wisconsin has a similar rule for crashes involving injury, death or significant property damage. Even when it isn't required, an officer's report gives you an independent record of what happened.
How soon should I see a doctor after a car accident?
As soon as you can, ideally the same day. Some injuries don't cause symptoms right away. Prompt care protects your health and creates a medical record that links your injuries to the crash.
Do I have to give a recorded statement to the other driver's insurance company?
You can politely decline or postpone it until you've had a chance to get advice. Your own policy may require you to cooperate with your own insurer, which is a different situation. If you do talk to the other insurer, stick to facts and don't guess.
Should I accept the insurance company's first settlement offer?
Be cautious. Early offers often come before anyone knows the full extent of your injuries, and accepting usually means signing a release that ends the claim for good. Make sure you understand your diagnosis and future treatment before deciding.
How long do I have to file a car accident claim?
It depends on the state and the type of claim. For personal injury, the general deadline is two years in Texas, one year in Tennessee, five years in Missouri and three years in Wisconsin. Wrongful death claims and claims against government entities can have different deadlines, so get advice for your specific situation.
Can I still recover if I was partly at fault?
Often, yes. In Texas you can recover if you're 50% or less responsible. In Tennessee you must be less than 50% at fault. Wisconsin compares your negligence against each other person's separately. Missouri reduces your recovery by your share of fault with no cutoff. In every state, your share of fault reduces the amount you can recover.
What if the other driver doesn't have insurance or drove away?
Call the police right away and tell your own insurer quickly. Uninsured or underinsured motorist coverage on your own policy may help, but policies have their own notice rules. Write down everything you remember about the vehicle and driver, and look for witnesses and cameras.
Sources
- Texas Civil Practice and Remedies Code ch. 16 (§16.003, two-year limitations period)
- Texas Civil Practice and Remedies Code ch. 33 (proportionate responsibility, §33.001)
- Texas Transportation Code ch. 550 (duties after a collision, §§550.021, 550.023, 550.026)
- TxDOT: Crash reports and records
- TxDOT Crash Report Online Purchase System (CRIS)
- Tennessee Public Chapter 388 (2015), Tenn. Code Ann. §28-3-104(a)
- Tennessee Public Chapter 510 (2011), Tenn. Code Ann. §29-39-102
- McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992)
- Tenn. Code Ann. §55-10-103 (duty to give information and render aid)
- Tennessee Department of Safety: Obtaining a crash report
- Tennessee crash report online purchase
- RSMo §516.120 (five-year limitations period)
- RSMo §537.100 (wrongful death limitations period)
- RSMo §577.060 (leaving the scene of an accident)
- Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983)
- Missouri State Highway Patrol: Traffic crash reports
- Kansas City Police Department: Online crash reports
- Wis. Stat. §893.54 (injury and wrongful death limitations periods)
- Wis. Stat. §895.045 (comparative negligence)
- Wis. Stat. §346.70 (immediate notice of accident)
- WisDOT crash report purchase portal
- CDC: Symptoms of mild TBI and concussion (danger signs)
General information, not legal advice. Check current official sources and local law.
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