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Car accidents can be confusing when dealing with insurance companies or making a personal injury claim. Many people wonder if they need a crash report to make an insurance claim in Texas.

You do not need a crash report to make an insurance claim in Texas. Nevertheless, having a police report can be very helpful for your claim. If you have questions, consult a car accident lawyer in Houston for help.

How a Crash Report Helps

While you are not required to have a crash report to make an insurance claim for personal injury or property damage, having a police report can help your case. Here is how.

Independent Assessment by a Police Officer

The crash report contains information that is helpful to insurance companies and adjusters in evaluating faults. Texas is a faulty jurisdiction. Police reports often contain factual statements from the parties and a diagram showing what the police officer understood happened.

Additionally, the factors and conditions section of the crash report can provide an independent assessment of liability for causing the crash. This does not mean that the insurance company must accept the conclusions of the police officer, but it certainly can help.

Speeds Up the Claim

Another way that the police report helps your case is that it allows the insurance adjuster to obtain necessary information reasonably quickly. Information like the other driver’s personal information, witness identification, and the police officer’s opinion of what happened are all contained in the crash report.

This also helps your car accident lawyer quickly identify whether they can help you with your case.

Injury Assessment by Police Officer

If you were injured in the accident and the police officer noted it in the crash report it certainly provides some evidence of injury that can be relied upon by the insurance adjuster or your attorney.

There are many situations where the police officer does not note injury on the crash report, but the symptoms become known after the crash. There are many cases where it is not until a day or two later that the victim understands that they were hurt and need help.

Following up with appropriate doctors is essential to substantiate your injury claim if you were injured in a car accident.

Texas Requirements for Reporting a Car Accident

Texas has a statute dealing with reporting car accidents. While you do not need to have a crash report to file an insurance claim. You may be required to report the accident to the Texas Department of Transportation.

You are only required to report a cart accident if:

  • Property damage is at least $1000 to any vehicle.
  • There are physical injuries.
  • The accident resulted in a fatality.

If you are required to report a car accident to the DOT, you must do so within ten days of the accident.

Proving Fault in Texas

Texas is an at-fault state for personal injury or property damage claims from a car accident. This means that to make a claim, you must be prepared to prove it. A crash report can be very helpful in obtaining a settlement for your property damage or a personal injury claim.

It is important to note that parts of the crash report may not be admissible as evidence in court in many instances. Therefore, it is appropriate not to rely 100% on the policeman’s liability assessment for your case.

Texas is a Proportionate Fault State

Even if the officer finds the other party at fault for causing the crash, your conduct may be examined under Texas law. Texas is a proportionate responsibility state, meaning every party’s actions or inactions are assessed in determining damages and liability.

If you are found to be partly responsible for a crash, your damages may be reduced or eliminated if it is determined that your fault was greater than 50%.

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