Responsible drivers do their best to avoid car accidents. However, when accidents happen, many people wonder How Long After a Car Accident Do You Have to File a Police Report? Under the Texas Transportation Code, when a car accident involves:
- Injuries or car accident fatalities
- A drunk or impaired driver (or drivers)
- A driver who leaves the scene – if the at-fault driver flees the scene, the victim must still remain until authorities arrive
- A driver without insurance
- A vehicle too damaged to be moved
- A vehicle or property that sustains apparent damage of $1,000 (or more)
Drivers involved in motor vehicle crashes must stop their vehicles and report the accident to the police. The Texas Transportation Code requires the police officers who arrive on the scene to fill out a crash report.
The written report must be submitted to TxDOT no later than the tenth day following the accident.
Failure to stop and comply with Texas law for car accidents involving serious injuries or fatalities can lead to felony charges and penalties, including steep fines and imprisonment. Lack of compliance for car accidents resulting in vehicle damage can lead to misdemeanor charges and penalties.
Situations When Drivers Do Not Need to File a Report with the Police
There are situations when drivers do not call the police to the scene. For example, you may have been involved in what you and the other driver thought was only a minor fender-bender. Later, you experience symptoms of injuries that took a few hours or a day to appear, or your mechanic tells you there is more damage to your car than you realized.
Since an officer did not create a report, you will need to file with one with TxDOT. You have until 10 days after the crash to submit the report.
Failure to submit the report within this timeframe could lead to a license suspension if the accident ultimately produced injuries, death, or property damage exceeding $1,000.
Information From the Texas Department of Transportation
The Texas Department of Transportation (TxDOT) provides Texas drivers with steps to take following a car accident. With safety the most important factor for all involved, the first step is to check for injuries and aid those injured. When injuries are severe, a call to 911 is typically the best way to help.
Next, drivers are instructed to move their cars from the path of traffic, if possible, or set up flares raising vehicle hoods if not. Then, drivers must exchange contact information, vehicle identification and license plate numbers, insurance, and driver’s license information.
Last, TxDOT tells drivers to note the location of the crash and record names, addresses, and contact information from witnesses, if available.
Why Filing Promptly is Important
However, just because you have ten days to file a crash report does not mean you should wait the full ten days, and The Krist Law Firm can help you get the report in quickly. Fair or not, reports submitted promptly after an auto accident typically carry more credibility than those submitted at the last minute.
Drivers or passengers who suffer damages in a car accident have the right to seek compensation for their losses. Texas follows a modified comparative fault system for car accident claims, which allows victims to hold the at-fault party accountable for paying damages if they (the victims) are less than 50% to blame for the accident. If they meet this threshold but still hold some fault, the compensation received is reduced according to the percentage of fault. For example, if a victim holds 10% of the blame, they can collect 90% (10% less) than the total calculated settlement amount.
Of course, no insurance company wants to make a payout, and the at-fault party’s representatives will work hard to inflate your level of blame as much as they can. If these representatives see you waited to file an accident report, they may use that delay against you, claiming any injuries or damage could not have been that bad if you waited to file. They may also argue you only decided to file a report after realizing you could “get money” by making a claim.
Reporting Accidents with Unattended Vehicles
Texas has laws in place for those who hit unattended vehicles as well. The driver who hits the parked car must stop to find the vehicle owner and provide their contact information. If locating the driver is not possible, drivers must leave a written note in a “conspicuous place” or attach it securely and visibly, including their name, address, and the circumstances of the collision. In either scenario, if the car they are driving belongs to someone else, the operators must also provide the vehicle owner’s information.
According to the Texas Department of Insurance (TDI), your uninsured motorist coverage will not apply if you do not make a police report. Again, you have a 10-day reporting window.
If you have more questions about reporting your car accident, contact us and schedule a free consultation to speak with our skilled Houston car accident lawyers.
