The actions you take after a car collision will influence the course of your injury claim. Insurers will capitalize on any mistake to deny your injury claim. Even a logical and human reaction, like apologizing to the other driver, could open the door for the insurer to blame you for the crash. One process that drivers must approach carefully is filling out the car accident report.
Law enforcement officers must investigate certain crashes and produce a report. Drivers may exchange information in minor crashes. Mistakes dealing with these reports can leave you vulnerable to a claim denial or, worse yet, liability for the other driver’s injuries.
7 Mistakes to Avoid in Preparing and Filing Crash Reports
In Texas, drivers must immediately call the police after a car accident that causes any of the following:
- Death
- Injury
- Disabling vehicle damage
The responding officers will investigate the crash and produce an “officer’s collision report” if it meets those criteria. The officer’s report will contain identifying information for the vehicles, owners, and drivers involved.
Texas law used to require drivers to self-report any crash involving injury, death, or at least $1,000 in property damage to the Texas Department of Transportation (TxDOT). However, Texas’s legislature changed the law in 2017. Since 2019, the TxDOT no longer accepts or stores self-reports. Its database now only includes officers’ reports.
You must also exchange insurance information with the other driver in all crashes. For crashes involving only minor property damage, you will only exchange information since there’s no requirement to call the police. After serious crashes, you will exchange information and receive a car accident report.
Finally, you will report the crash to your insurer. Your policy requires you to file this report regardless of whether you plan to file a claim with your insurer.
In all of these situations, a mistake can create an adverse written record that could affect your injury claim. The other driver’s insurance company will search for any grounds for denying your claim and may find them in your crash report or actions while reporting. Some mistakes you should avoid include the following:
1. Failing to Gather Relevant Information
Texas law requires drivers to carry proof of insurance. In 2023, Texas amended this law to allow insurers to issue insurance card images displayed on your phone. Make sure you get the other driver’s insurance information even if any of the following apply:
- You do not feel injured
- You and the other driver agree not to involve insurance
- The police investigate the crash
You will need the other driver’s insurance information for any injury claim you file. Without this information, you might end up bearing the costs of your injury.
2. Not Reporting the Accident Right Away
You must call the police immediately for any crash involving injury, death, or a disabled vehicle. Your policy will also include a timeframe for reporting crashes to your insurance company. If you wait to report your crash, you could face many consequences, including:
- Violating Texas law
- Breaching your insurance policy
A delay might imply that you suffered no injuries and your vehicle had no damage. If you delay your report, the other driver’s insurer could also accuse you of fabricating your injuries or property damage.
3. Providing Incomplete/Inaccurate Details
If your version of the events is inconsistent, the other driver’s insurer could accuse you of lying. This accusation would be particularly problematic if you have provided conflicting stories about the crash. You open yourself to cross-examination questions like, “Were you lying then, or are you lying now?”
4. Admitting Fault or Apologizing at the Scene
When you exchange information with the other driver or talk to the investigating officers, you should avoid admitting fault or apologizing. These types of confessions are admissible in court, and insurers can use them to deny claims. At the very minimum, an insurer can use an admission to muddy the waters, forcing you and your car accident attorney to explain it.
5. Failing to Get Medical Attention
Seek medical care after your crash to ensure you receive a diagnosis and treatment plan to recover from your injuries. A doctor’s examination also results in a formal record of your injuries. Without these records, you have no way to prove your losses in your injury claim. Worse yet, the insurer might suggest that you exaggerated or faked your injuries.
6. Neglecting to Take Photos
Often, police officers will include digital photos with your car accident report. However, you should not rely solely on the officer’s photos. You should document the scene of the accident yourself by taking pictures of any vehicles involved and anything relevant in the surrounding area, such as intersections or road signs. Photos that depict the vehicles’ positions, the crash damage, and any skid marks can confirm or refute the drivers’ stories.
7. Failing to Get Contact Information From Witnesses
Eyewitnesses can often provide valuable information for injury claims because they act as a neutral third party. If anyone witnessed your crash, get their contact information. Your car accident lawyer will use this information to support your version of events or call into question the other driver’s version.
FAQ
Do I Need to File a Car Accident Report With the State?
No, Texas no longer requires drivers to self-report crashes. If your crash involved injury, death, or a disabled vehicle, you must call the police, and the investigating officer will file a report.
If I Make a Mistake, Can My Car Accident Lawyer Fix It?
A car accident attorney can often gather evidence to overcome a mistake. If you think you misspoke when talking to the other driver or the investigating officer, contact a lawyer to discuss your options.
How Do I Get a Copy of My Crash Report?
TxDOT maintains a database of crash reports. You can purchase your report online.
Get Help From a Car Crash Attorney at Ramsey Law Group
Unfortunately, mistakes you make during the stressful period after a crash can hinder the success of your claim. If you make a mistake when reporting your crash, contact us for a free consultation to learn how we can help you.