After an accident, ask the other driver for their:

• Name
• Phone number
• Insurance information
• Name of the insurance company
• Insurance agent’s name
• Policy number

If the other driver refuses to provide their insurance information, ask them for their home address, drivers’ license number, and license plate number. If you can’t safely obtain this information either, recording the driver’s license plate number could be enough for the police or the insurance company to track down the driver.

Texas does allow punitive damages to be awarded in auto accident lawsuits provided that certain requirements are met. The most important is the plaintiff is able to establish that the defendant acted with gross negligence. In order for punitive damages to be awarded, there must first be actual damages. Actual damages are things like medical bills, pain and suffering, mental anguish, and loss of wages. Without actual damages, punitive damages cannot occur. Second, you must be able to demonstrate that the defendant acted with gross negligence. This means showing:

• That a reasonable person in the same situation as the defendant would have known that their behavior or conduct involved an extreme degree of risk.
• That the defendant knew of the risk but acted with disregard.

Not taking an ambulance from the scene of an accident does not prevent you from going to the hospital at a later time. If you begin to feel pain or discomfort after a collision, it is always best to get a diagnosis and treatment from a healthcare provider.