In Texas, certain crashes must be reported immediately, while other deadlines apply to written crash reports, insurance claims, and personal injury lawsuits. If you were involved in an accident, understanding these different deadlines can help you take the appropriate steps to protect your rights.
An experienced Houston car accident lawyer from Lowe Law can review the circumstances of your crash, explain how long you have to report an accident in Texas, and help you pursue compensation for injuries and other losses.
When Do You Have To Report a Car Accident in Texas?
Texas law generally requires a driver involved in a collision to immediately report the accident when the crash results in an injury or death or causes damage to a vehicle that makes it unable to be normally and safely driven.
Under Texas Transportation Code § 550.026, the driver must provide notice by the quickest available means of communication. Depending on where the collision occurred, the report should be made to the appropriate local police department, sheriff’s office, or the nearest office of the Texas Department of Public Safety.
This means you generally should not wait several days before notifying law enforcement when the circumstances require an immediate report. After a serious crash, you should also take reasonable steps to remain at the scene, exchange required information with the other driver, and provide reasonable assistance to anyone who is injured when appropriate.
Does Every Accident Require Immediate Reporting?
Not every collision requires the same reporting process. Texas law separately addresses written crash reports prepared by law enforcement officers.
Under Texas Transportation Code § 550.062, a law enforcement officer who investigates a collision must prepare a written report when the crash results in injury, death, or damage to a vehicle to the extent that it cannot be normally and safely driven.
The officer must electronically file that report with the Texas Department of Transportation (TxDOT) by the 10th day after the collision.
This 10-day deadline applies to the officer’s report to TxDOT, rather than giving an injured driver 10 days to notify law enforcement of a crash that Texas law requires to be reported immediately.
How Quickly Should You Notify Your Insurance Provider?
The deadline for notifying your insurance company can be different from the deadline for reporting the accident to law enforcement. Texas law does not create one universal deadline that every driver must follow to notify an insurer about every collision. Instead, the applicable insurance policy may establish notice requirements.
Your insurance policy may require you to provide notice within a certain period after an accident. Waiting too long could create unnecessary disputes about the claim or make it more difficult to investigate what happened.
When notifying an insurer, you may need to provide information about:
- The date, time, and location of the accident
- The vehicles and drivers involved
- Injuries reported at the scene
- Damage to the vehicles
- The responding law enforcement agency
- Witness information
- The circumstances surrounding the collision
You should also be cautious about making statements to another driver’s insurance company before you understand your legal rights. Insurance representatives may ask questions about the accident, your injuries, and your ability to work.
An experienced attorney from Lowe Law can communicate with insurers on your behalf and help protect your interests during the claims process.
Deadlines for Filing a Car Accident Lawsuit in Texas
Texas generally gives an injured person two years from the date of the accident to file a personal injury lawsuit under Texas Civil Practice and Remedies Code § 16.003.
Missing the applicable statute of limitations can prevent you from pursuing your claim in court. Certain circumstances may affect when a deadline begins to run or whether an exception applies, so you should not assume that every case follows exactly the same timeline.
Other deadlines may also apply when a governmental entity is potentially responsible for an accident. These claims can involve additional notice requirements that are separate from the general personal injury statute of limitations. Our team at Lowe Law can help ensure you meet all notice requirements and protect your right to recover compensation.
Reasons To Report Your Accident As Soon as Possible
In addition to meeting legal requirements, promptly reporting and documenting the accident can help create an official record of what happened. Depending on the circumstances, evidence may include:
- Police or crash reports
- Photographs of the accident scene
- Photographs of vehicle damage
- Statements from witnesses
- Traffic or surveillance camera footage
- Medical records
- Vehicle repair estimates
- Employment and wage records
- Insurance correspondence
Surveillance footage may eventually be overwritten, damaged vehicles may be repaired, and witnesses may become more difficult to locate. Starting an investigation promptly can give our legal team at Lowe Law a better opportunity to identify and preserve evidence supporting your claim.
Get Help From a Texas Car Accident Attorney Today
If another driver’s negligence caused your accident, our experienced legal team at Lowe Law can help ensure you meet all reporting requirements. We know how long you have to report an accident in Texas and can help build a strong case supporting your claim. Since founding our firm in 2016, we have recovered millions of dollars in damages for injured clients.
Contact us today to schedule a free, no-obligation consultation. We can listen to what happened, explain the legal options that may be available, and help you understand the next steps while you focus on your recovery.