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In the chaotic moments after a car accident in Texas, your priority is safety. But once the scene is secure, you’re faced with legal duties that can significantly impact your ability to get fair compensation for your injuries and vehicle damage. One of the most critical steps is filing an accident report.
Under Texas law, reporting a crash isn’t always optional. Understanding when and how to file a report is essential for protecting your legal rights and strengthening your insurance claim.
When Are You Legally Required to Report a Car Accident in Texas?
Texas law is very specific about when a car accident must be reported. According to the Texas transportation Code, a law enforcement officer who investigates a crash must file a written report within 10 days if the collision resulted in:
- An injury to any person.
- The death of any person.
- Apparent property damage of $1,000 or more.
Because it can be difficult to estimate property damage at the scene or know the full extent of an injury, it is always best to call the police after any accident. When an officer responds and creates an official Texas Peace Officer’s Crash Report (Form CR-3), your legal reporting duty is fulfilled.
Why Is a Police Report So Important for Your Texas Accident Claim?
A police report is the single most important piece of evidence you can have after a crash. Insurance companies rely heavily on this official document to process claims, and it serves as the foundation for any potential personal injury lawsuit.
A police report is vital because it:
- Provides an Unbiased Account: The report is a neutral, third-party summary of the accident facts, including the officer’s interpretation of how the crash occurred.
- Documents Key Evidence: It captures crucial details like the date, location, driver and witness contact information, vehicle damage descriptions, and any citations issued.
- Prevents Disputes: It creates an official record that makes it difficult for the at-fault driver to change their story later.
- Expedites Your Insurance Claim: Most major insurance carriers in Texas require a police report to process claims involving significant damage or any injuries. Without it, you risk delays or even a denial.
What Should I Do at the Scene to Help with the Police Report?
The quality of the police report often depends on the information you provide to the responding officer. To ensure the report is accurate and complete, you should:
- Stop and Call for Help: Immediately stop your vehicle, move to a safe area if possible, and call 911 to report the crash and any injuries.
- Exchange Information: Under Texas law, you must exchange your name, address, and insurance information with the other driver(s).
- Document the Scene: Use your phone to take pictures of the vehicle damage, the positions of the cars, and the surrounding area.
- Identify Witnesses: Get the names and phone numbers of any witnesses before they leave the scene.
- Be Factual with the Officer: When the police arrive, give a clear, honest statement of the facts. Do not admit fault, apologize, or guess about details you are unsure of.
What Happens If I Don’t File a Report in Texas?
Failing to report an accident when legally required is a misdemeanor offense in Texas and can lead to serious consequences. These penalties can include substantial fines, points on your license, and even the suspension of your driver’s license. Furthermore, not having an official report can severely damage your ability to get compensation. Insurance companies are more likely to dispute your claim or offer a low settlement if there is no police report to verify the facts of the accident.
How Do I Get a Copy of My Texas Accident Report?
You can obtain a copy of the Texas Peace Officer’s Crash Report (Form CR-3) from the law enforcement agency that responded to your accident or directly from the Texas Department of Transportation (TxDOT). TxDOT maintains a centralized online portal where you can purchase a copy of your report.
You will need information to locate your report, such as the name of a person involved, the Driver’s License number, the Vehicle Identification Number (VIN), or the TxDOT Crash ID. A regular copy typically costs $6, while a certified copy for legal proceedings costs $8.
Frequently Asked Questions
Do I need a police report for a minor fender-bender in Texas?
If the property damage appears to be over $1,000, a report is legally required. Since repair costs can be surprisingly high and injuries can appear later, it is always wise to request a police report for any accident, no matter how minor it seems. This protects you from future disputes and helps with insurance claims.
What if the police don’t investigate my accident at the scene?
If law enforcement does not respond, Texas law previously required drivers to self-report using a form called the CR-2, or “Blue Form.” However, as of 2019, TxDOT no longer retains these driver-filed reports. This makes it even more critical to insist on a police response to get an official CR-3 report filed. If you are in an accident and the police do not come, you should still thoroughly document the incident for your own records.
Is the police report the final word on who was at fault?
No. The officer’s opinion on fault is a valuable piece of evidence, but it is not legally binding. An experienced attorney can conduct an independent investigation to challenge an incorrect finding of fault and build a stronger case on your behalf.
How an Experienced Texas Accident Attorney Can Help
After a car accident, dealing with legal requirements and insurance companies can be overwhelming. An experienced Texas personal injury attorney can manage this entire process for you. At Cyclistlaw, we secure the official police report, gather all necessary evidence, and fight to protect your rights.
If you’ve been injured in an accident in Austin or anywhere in Texas, don’t navigate the aftermath alone.
Contact Cyclistlaw today for a free, no-obligation consultation. Our team is available 24/7 to help.
