What Happens If You Don’t Call the Police After an Accident in Texas?

Getting into a car accident is stressful. Your mind races through a list of things you need to do – swap insurance information, take photos of the scene, and more. But what if you don’t call the police after an accident in Texas? You might think it’s unnecessary, especially if no one is hurt or the damage seems minimal. 

However, failing to make that call can lead to significant problems down the road. Texas has specific legal and practical reasons why notifying the authorities should be at the top of your post-accident checklist. The car accident lawyers with Armstrong Lee & Baker LLP have some information on the risks of not calling the police after an accident.

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Failing to Call the Police After an Accident Can Have Serious Consequences

Neglecting to contact the police after an accident can turn a manageable situation into a legal and financial headache. The decision to skip the call might seem harmless, but it can lead to issues that are tough to unravel. Let’s dive into some of the most common and concerning consequences you may face if you don’t call the police.

Criminal Charges

In Texas, failing to report an accident to the police could result in criminal charges. State law mandates that drivers involved in an accident causing injury, death, or property damage exceeding $1,000 must report the incident to law enforcement. If you leave the scene without notifying the authorities, even if you exchange information with the other driver, you could face criminal penalties for a hit-and-run.

Texas doesn’t take hit-and-runs lightly. Even in minor cases with no injuries, leaving the scene without calling the police could lead to a misdemeanor charge. More severe consequences, such as felony charges, await those involved in accidents that result in injury or death. The last thing you want is to find yourself in a legal mess simply because you didn’t pick up the phone.

False Claims

Without an official police report, you run the risk of the other driver or witnesses making false claims about what happened. When police arrive at the scene, they document key details such as the positions of the vehicles, the weather conditions, and statements from both drivers and witnesses. Without this neutral, third-party account, the story of the accident becomes a “he said, she said” situation.

Imagine the other driver claiming that you caused the accident when you know they were at fault. Without a police report to back up your version of events, it’s much harder to prove the truth. The absence of an official document leaves more room for disputes, and the other driver could even exaggerate or fabricate injuries or damages to benefit their case. Calling the police immediately helps you avoid being falsely blamed and ensures that the facts are recorded objectively.

Denied Insurance Coverage

Your insurance company – and the other driver’s insurer – will likely want to see a police report when you file a claim. They might question whether the accident even happened if there’s no report. Insurance companies scrutinize claims closely, and missing documentation is often a red flag that something is amiss. Without that police report, it’s your word against the other driver’s, and your insurer may find it difficult to determine who’s liable.

Without a police report, your insurance provider might deny coverage for damages or injuries. That means you could be on the hook for repairs and medical bills. It’s a lot easier for an insurance company to reject your claim if there’s no official documentation to back it up. The last thing you want is to be stuck paying out of pocket for something your insurance should have covered.

Suspension of Your Driver’s License

Not reporting an accident can even affect your driving privileges. In Texas, if an accident results in significant damage or injury and you fail to report it, you risk having your driver’s license suspended. The Department of Public Safety (DPS) can suspend your license if they find out you left the scene without reporting it.

This type of suspension is known as an administrative penalty. Once your license is suspended, you’ll need to take steps to get it reinstated, which can include paying hefty fines and proving that you have the necessary insurance coverage. Not calling the police and reporting the accident can become a long-term hassle, affecting your ability to drive legally.

Steps to Report an Accident in Houston, TX

Reporting a car accident in Houston or anywhere in Texas doesn’t have to be complicated, but following the right steps is essential. Here’s what you need to do if you’re involved in an accident in Houston.

Call the Police Immediately

As soon as you can safely do so, call 911 or the local police. Even if no one is hurt, the police will still come to the scene to assess the situation and create an official report. In Houston, police are often quick to respond, especially if the accident is on a busy road or intersection.

Stay at the Scene

Texas law requires you to remain at the accident scene until the authorities arrive. Leaving early could lead to hit-and-run charges, even if the accident was minor. While you wait, check on others involved in the accident to ensure they are safe.

Exchange Information

While waiting for the police, exchange contact and insurance information with the other driver. You’ll need their name, address, phone number, driver’s license number, and insurance policy details. Be sure to get the make, model, and license plate number of their vehicle as well.

Take Photos

If it’s safe, take pictures of the accident scene, the vehicles involved, and any visible injuries or property damage. These photos can serve as valuable evidence when filing your insurance claim or seeking compensation later on.

Cooperate with Law Enforcement

Once the police arrive, provide them with a clear and accurate account of what happened. Stick to the facts, and don’t speculate or admit fault. The officers will create a report based on their observations and statements from everyone involved. Make sure that you ask for a copy of the police report, as you’ll need it when dealing with insurance claims.

Legal Requirements to Report an Accident in Texas

Texas law is clear about when you must report an accident. Again, you need to contact the police if the accident causes:

• Injury or death to any person
• Property damage of $1,000 or more

If either of these conditions apply and you fail to report the accident, you could face the legal penalties mentioned above.

Reporting to the Texas Department of Transportation

In some cases, you might also be required to report the accident to the Texas Department of Transportation (TxDOT). This is typically necessary if law enforcement wasn’t called to the scene or if a police report wasn’t filed for some reason. You must submit the accident report form, also known as the “Blue Form” or CR-2, to TxDOT within 10 days of the accident if no police officer investigated the crash. Failing to file this report can lead to further legal issues, including penalties from the state.

When a Police Report is Not Filed

Even if law enforcement doesn’t show up at the accident scene, you must report the incident if it meets the state’s criteria for damage or injury. Some drivers assume that if the police don’t arrive, they’re off the hook for reporting the accident, but this is not the case.

It’s your responsibility to ensure that the necessary reports are made, whether that means calling the police from the scene or submitting paperwork to the appropriate agencies afterward. Skipping this step can result in fines, legal charges, and difficulties with insurance claims.

Reporting Minor Accidents

If the accident is minor and doesn’t meet the threshold for reporting (no injuries and property damage less than $1,000), you may not be legally required to call the police. However, it’s still a good idea to do so. A police report can serve as valuable documentation if the other driver later claims more damage or injuries than initially reported. You also protect yourself from potential legal or insurance complications down the road by having an official record of the incident.

Call a Car Accident Lawyer to Protect Your Rights

As you can see, failing to call the police after a car accident in Texas can lead to severe consequences, including criminal charges, false claims, denied insurance coverage, and the suspension of your driver’s license. While it may seem unnecessary at the moment, reporting the accident to law enforcement protects your rights and helps prevent complications later on.

If you’ve been involved in a car accident, especially one where the police weren’t called, it’s important to seek legal assistance right away. A car accident lawyer can deal with the insurance companies and protect your rights. Don’t wait – contact Armstrong Lee & Baker LLP online or call 832-669-6161 to get the support you need.

C.J. Baker

C.J. Baker represents victims with serious injuries and he won’t let any corporation or insurance company stop his clients from getting complete justice. He has won millions of dollars for victims of 18-wheeler crashes, oilfield equipment failures, offshore platform explosions, and defective medical devices. Our lawyers have 25+ years of combined experience.

Get in touch with C.J. Baker now.