Failing to Report a Car Accident in Texas Can Have Legal Consequences. Understanding what happens if you don’t report a car accident in Texas is crucial for all drivers.
In Texas, the law requires that certain car accidents be reported to law enforcement. If you fail to report an accident when the law requires it, you may face criminal charges, civil liability, and difficulties with your insurance claim. Under Texas Transportation Code §550.026, you must report a collision if it results in injury, death, or apparent property damage of $1,000 or more. Failure to comply is a Class C misdemeanor, and more severe penalties could apply if the accident involved injuries or fatalities.
You are legally required to report a crash in Texas under the following conditions:
Reporting must be made to local law enforcement.
Under Texas Transportation Code Section 550.023, leaving the scene or failing to report a qualifying accident can result in harsh criminal charges:
These criminal penalties are separate from any civil liability and insurance issues that may also arise.
If you fail to report a car accident, your insurance company may dispute your claim. Most auto insurance policies require prompt notification of any accident involving damage or injury. Even if the other party was at fault, you may hamper your right to compensation for medical bills, vehicle repairs, or lost wages.
Even if you do not have to report the accident to the police, you are still required to:
Failing to exchange this information is a separate violation of Texas law and can also lead to criminal penalties.
Texas follows a modified comparative fault rule; a court can assign you a percentage of fault. If you are found to be more than 50% at fault, you cannot recover damages. Even if you are less than 50% at fault, your compensation will be reduced proportionally.
In Texas, if police do not investigate the accident and the crash meets certain thresholds, you can file a crash report with the Texas Department of Transportation (Form CR-2). Although this is no longer mandatory since 2017, documenting the accident is still highly recommended to help protect yourself legally and financially.
Reporting an accident protects your legal rights, helps ensure accurate documentation, and creates an official record. Parts of police reports can be used as evidence in insurance claims and lawsuits. Waiting to report or failing to report altogether can lead to disputes about fault and delays in compensation.
Need a copy of your crash report?
Texas law limits the time you must file a lawsuit after a car accident. You generally have two years from the date of the accident to file a personal injury lawsuit.
Contact the Houston personal injury law firm of Baumgartner Law Firm at (281) 587-1111.
Baumgartner Law Firm
Visit Our Law Firm in Houston
Related Resources:
Understanding Hit and Run Accidents in Texas
Houston Hit and Run Accident Attorney
Can I Sue for Hit and Run in Texas?
How to file a car accident claim without a Houston crash report
Houston Car Accident Frequently Asked Questions
When Are Crash Reports Required in Texas?
NEED HELP? HAVE QUESTIONS?