The aftermath of a car accident can feel overwhelming. Between medical appointments, vehicle repairs, and conversations with insurance companies, keeping track of paperwork might be the last thing on your mind. However, proper documentation can mean the difference between recovering fair compensation and struggling to prove your losses.
According to our research into Texas motor vehicle accidents — based on data from the Texas Department of Transportation’s (TxDOT) Crash Records Information System — there were 558,007 reportable crashes in 2023 — or one accident every 57 seconds. A reportable crash as defined by TxDOT is an accident that causes death, injury, or damage worth $1,000 or more. For all of the crashes that are caused by driver error and don’t meet the criteria for a personal injury claim, many more are caused by someone’s negligence, entitling accident victims to recover their losses from the at-fault party.
But many accident victims compromise their claims by discarding crucial evidence too soon.
We explain what documentation you need and how long you should keep your car accident records to give yourself the best possible chance of recovering the compensation you deserve.
Know Your Legal Deadlines
The statute of limitations dictates how long you have to file a personal injury lawsuit. As a result, you want to hold onto any documentation related to your accident and injuries at least until the deadline expires.
When the statute of limitations expires, you can’t claim, so there’s no use hanging onto this information, right? Or is there?
While the standard statute of limitations is two years from your accident, there are several exceptions. For example, if you are filing a wrongful death claim after a loved one has died, the timer on filing legal action does not kick in until the date of your loved one’s death, even if the accident that caused their initial injuries happened years ago.
Similarly, other exceptions can apply, including when you have not discovered your injuries until much later. In these scenarios, the statute of limitations can be extended and you will have longer to sue, even if, under normal circumstances, the deadline would have already passed.
Extensions to the two-year time limit are rare, but they may apply to your case, so you don’t want to throw out evidence relevant to your claim only to discover later you still have a legal right to compensation.
What Documentation Should You Keep?
Medical Records
Medical records are among the most crucial pieces of evidence in a personal injury claim, as they directly link your injuries to the accident and demonstrate their severity. You should maintain:
- Emergency room records showing your initial injuries
- Doctor’s notes and diagnoses
- Medical imaging results (X-rays, MRIs, CT scans)
- Physical therapy and rehabilitation records
- Prescription information and receipts
- Mental health treatment records if you experienced emotional trauma.
Consider this scenario: You’re rear-ended at a stoplight and experience mild back pain. You visit the emergency room and the doctor documents your injury and prescribes medication to help you manage the pain. However, six months later, your back pain isn’t any better — if anything, it has gotten worse, and it’s now radiating through your arms and accompanied by a tingling sensation. You visit your doctor and are diagnosed with a herniated disc.
Because you kept your medical records, including the original ER report documenting the initial back pain you sustained in your accident, your doctor can connect your current condition to the crash. Without these records, the insurance company might argue your disc injury is unrelated, preventing you from recovering the losses associated with it — which might include several doctors’ visits, physical therapy, time off work, and even surgery.
Proof of Income
Lost wages are a significant component of any personal injury claim. If your injuries prevent you from working — whether temporarily or permanently — you can recover both the income you’ve already lost and the wages you’ll miss out on in the future. But you can only recover these losses if you can prove them.
Keep any documentation that shows your pre-accident earnings, such as:
- Past pay stubs
- Tax returns
- Bank statements showing regular deposits
- Employment contracts or offer letters showing your salary
- Documentation of bonuses, commissions, or overtime pay
- Benefits information.
If you’re self-employed or own a business, you’ll need additional records to demonstrate your losses, including:
- Profit and loss statements
- Business tax returns
- Contracts showing canceled projects
- Client correspondence about work you couldn’t complete
- Documentation of lost business opportunities
- Records of having to hire temporary help to cover your duties.
Vehicle Repair Documentation
The physical damage to your vehicle is often the most immediate and visible consequence of a car accident. While your injuries should always be the priority, you can also recover the cost of repairing or replacing your vehicle in a personal injury claim.
Keep all documentation related to your vehicle damage, including:
- Photos of vehicle damage from multiple angles
- Repair estimates from certified mechanics
- Actual repair invoices and receipts
- Car rental receipts while your vehicle was being fixed
- Documentation of your vehicle’s pre-accident value
- Proof of any modifications or recent upgrades
- Records of maintenance showing your vehicle was in good condition
- Correspondence with your auto insurance company.
Even if your insurance company covers your repairs initially, having this documentation allows your attorney to seek reimbursement from the at-fault party’s insurer through insurance subrogation.
Police Reports
The crash report filed by law enforcement is often one of the most critical pieces of evidence in a car accident claim. This official document provides an objective third-party account of what happened, including:
- Details about when and where the accident occurred
- Information about all parties involved
- Statements from drivers and witnesses
- Road and weather conditions at the time
- Citations issued or laws violated
- The officer’s professional opinion about what caused the crash.
Request a copy of your crash report as soon as possible after your accident. In Texas, you can obtain this through the Texas Department of Transportation’s Crash Records Information System (C.R.I.S.). It can take up to 14 days for your police report to be processed and appear in the system, so don’t be alarmed if you cannot recover a copy immediately. It’s also best to get a certified copy, as only official documents can be used in legal proceedings. Your personal injury attorney can also request this on your behalf.
Photographic Evidence
Photos can be powerful evidence proving how your accident happened and its impact on your life. We recommend keeping photographs of:
- The accident scene, including skid marks and debris
- The position of vehicles after impact
- Traffic signals, signs, and road conditions
- Weather conditions at the time
- Your visible injuries immediately after the crash
- The progression of your injuries during recovery
- Property damage to all vehicles involved
- Any visible safety violations or defects.
Take photos from multiple angles and distances. While modern smartphones typically embed date and location information in photos automatically, it’s wise to keep any notes about when and where you took specific pictures.
Never worry about having too many photographs — you may have multiple photos of the same thing. However, one image from a specific angle showing something in the background that is easily overlooked could be what tips the scales in your favor. Your personal injury lawyer can go through your photos and determine which are relevant to your claim and which can be safely removed.
Beyond proving fault, accident photos can demonstrate the severity of impact and support your compensation claim. For example, photographs showing extensive vehicle damage can help explain why you sustained such severe injuries, making it harder for insurance companies to argue that your injuries are exaggerated or unrelated to the crash.
How to Store Your Documentation Safely
During your claim, you’ll likely accumulate stacks of documents and records related to your accident and injuries. With that in mind, how should you store and organize them?
We recommend creating physical and digital copies of all accident-related documentation to ensure nothing gets lost or damaged.
For physical storage, invest in a dedicated folder or filing system to keep your documents organized and easily accessible. Store originals of critical documents like medical records, bills, insurance policies, legal paperwork, and settlement agreements in a secure, waterproof container or fireproof safe. Make sure family members know where to find these documents in case you’re unable to access them yourself.
The additional benefit of storing your records this way is that you’ll have it all to hand when you need to reference a document, rather than worrying about misplacing your medical bills or wondering where you’ve left your quote for vehicle repairs.
Digital storage offers additional protection and convenience. Cloud storage services like Google Drive, Dropbox, or iCloud let you:
- Access your documents from anywhere
- Share files easily with your attorney or insurance company
- Protect against physical damage or loss
- Create backups automatically
- Organize documents with searchable labels or tags.
When digitizing documents, scan them at high resolution so all details are clear and legible. Name files consistently and organize them into labeled folders by category (medical records, insurance documents, photos, etc.). You can also password-protect sensitive files for additional security.
Some documents should be kept in both physical and digital form. However, certain records carry more weight in their original format. Critical documents to maintain in original form include:
- Medical records and bills
- Insurance policies and correspondence
- Legal paperwork
- Settlement agreements
- Official crash reports
- Correspondence with insurance companies or attorneys.
By maintaining organized physical and digital copies of all accident-related documentation, you’ll have everything you need to support your claim and protect your right to compensation. A Texas personal injury attorney can advise you on any additional documentation requirements specific to your case.
How Long Should You Keep Your Records after a Car Accident?
With the statute of limitations in Texas being two years, you might think you don’t have to hold on to your documentation beyond that point. However, as we’ve covered, exceptions can apply and give you more time to file a lawsuit.
Cases Involving Children
When a minor is injured in a car accident, you should maintain all documentation until they reach adulthood plus an additional two years. When a minor is wrongfully hurt, they cannot bring a claim until they turn 18. Then, the standard two-year statute of limitations kicks in.
Areas in Greater San Antonio We Serve
Should You Keep Your Records after Receiving a Settlement or Judgment?
Even after successfully resolving your claim, maintaining documentation protects you from potential complications. Insurance companies occasionally attempt to recoup portions of settlements, claiming calculation errors or overpayment. By keeping your records, you can prove the damages the insurer agreed to cover and why the settlement amount was justified. Similarly, if your health insurance provider seeks reimbursement from your settlement through subrogation, detailed records help verify which portions were allocated to specific expenses.
Documentation also matters for tax purposes. While settlements for physical injuries are typically not taxable, portions covering lost wages or emotional distress might be. Having clear records of how your settlement was structured helps ensure accurate tax reporting and protects you in case of an audit.
Consider maintaining your accident records for at least these timeframes:
- Medical records: At least 10 years, particularly if you require ongoing treatment.
- Insurance and settlement documentation: 7-10 years
- Tax records related to your settlement: At least seven years after filing
- Photos and accident scene evidence: Until all potential legal deadlines have expired, including any applicable statutes of repose (the absolute deadline for filing a lawsuit, even if the statute of limitations has expired).
- Vehicle repair records: Until your vehicle is sold or any related claims are resolved.
When you’re unsure about how long to keep specific documents, consult your personal injury attorney. They can advise on whether it’s safe to discard your records and advise on the best way to dispose of confidential documentation so that your personal information can’t be found by others. If in doubt, hold onto it — it’s always better to maintain records longer than necessary than to discover you need documentation you’ve long ago thrown out.
Gathering and organizing documentation after a car accident can feel overwhelming, especially when you’re dealing with painful injuries, medical appointments, and the emotional aftermath of your crash. You might be unsure what evidence is crucial for your claim versus what you can safely discard, and the prospect of managing extensive paperwork while trying to recover can add unnecessary stress to an already challenging situation.
But you don’t have to navigate this process alone. An experienced personal injury attorney can guide you through gathering critical evidence, explain what documentation you need to support your claim, and help you organize your records so you have them to hand when you need them. Your lawyer can also collect evidence you might not have access to, such as surveillance footage or witness statements, and ensure nothing important slips through the cracks.
While you focus on your recovery, we can handle the complexities of building your case and maintaining the evidence needed to support it.
For a free case review about your car accident claim and guidance on preserving critical evidence after your crash, contact our car accident attorney in San Antonio and McAllen by calling 855-LAW-NINJA. We’re available 24/7 and are committed to helping you secure the compensation you deserve.
