Can you file an insurance claim without a police report in Texas? While yes, you can file an insurance claim without a police report in Texas, it is less common in car accident cases because police are often summoned.
If you are struggling with a car accident claim, our Corpus Christi car accident lawyer may be able to help you claim damages from an at-fault party’s insurance, even if you do not have a police report.
What Happens if You File an Insurance Claim Without a Police Report in Texas
Insurance companies won’t automatically deny your claim because you don’t have a police report. On the other hand, they may challenge your version of events and ask for additional evidence. Understandably, they want to verify your claim.
If you are claiming for injuries you only noticed later, they may question whether you were hurt in the accident, or they may say you caused the collision, especially if the other driver says you did. They may even decide there is not enough evidence to show that the accident happened.
If you aren’t getting a response, know what to do if a car insurance company is ignoring you. Follow up, send a formal demand letter, file a complaint with the Texas Department of Insurance, or choose an attorney who may make them sit up and take note.
We have offices in Houston, Corpus Christi, and Victoria; and will travel to any corner of Texas if we are capable of preventing an injustice.
Helpful Evidence If You File an Insurance Claim Without a Police Report
Whatever evidence you have may prove helpful when seeking compensation without a police report. The more thoroughly documented your evidence is, the better your chances of success. It may include:
- Any photos or videos you took at the scene: They may show damage to the vehicles, skid marks, and the surrounding scene. If you have a recording of the other driver admitting fault, it may provide strong evidence.
- Medical records: If you went for a checkup right after the accident, that would be ideal. However, even if you only see a doctor later, medical records may still link your injuries to the accident.
- Witness statements: Collecting the names and contact details of any witnesses is always a good idea, as third-party testimony can be highly credible evidence.
- Dashcam or CCTV footage: If you or another motorist captured footage of the accident, or traffic camera footage exists, the details of your accident may be much clearer and may support your account.
- Phone records: An emergency call around the time of the accident, or even a text message telling someone you know about your crash, may help to support your case.
- Records showing you notified your insurance company: Even if you aren’t at fault, you are generally required under your policy to notify your insurer if you’re involved in an accident. If you did so, your report may support your case.
Consulting a lawyer may benefit you. They may be able to help with recovering evidence from traffic cameras, and they may advise you on whether you have a case worth pursuing. Traffic camera records may be time-sensitive, so it may be wise to act quickly.
Why Having a Police Report May Help With Insurance Claims
Although you can file an insurance claim without a police report, the evidence it contains may make it easier to claim compensation. That’s because it reports on:
- Who was involved
- Their insurance details
- Diagrams of the crash
- Witness and driver statements
- What the officer observed at the scene
Police reports don’t necessarily prescribe final fault determinations on the crash, but they do include evidence collected by an objective, trained observer. Since Texas is not a no-fault state for car accidents, evidence that helps you show another driver was at fault will help you recover compensation.
Representing the injured in all areas of Texas that extends back over 40 years
The Texas Reporting Requirement
You don’t always have to get a police report for a car accident, but there is a threshold that requires you to do so. In line with Texas Transportation Code § 550.026, you must report the accident to law enforcement when an accident causes injury or death, or when a vehicle is so badly damaged that it can’t be driven safely.
Failing to report such an accident may be a misdemeanor offense. However, if no one seemed to be injured at the time and both cars could drive away from the scene, you do not need to get a police report. Since you may not have realized anyone was injured, you are not necessarily on the wrong side of the law if you didn’t get one.
That’s one reason insurance companies in Texas will consider an insurance claim without a police report. At the same time, you may be at a disadvantage since you don’t have the evidence a police report would have captured.
You need a skilled advocate to protect your legal rights and present your claim in such a way as to maximize your recovery.
Why Getting a Police Report May Not Have Seemed Necessary
Right after a car crash, you may not realize just how serious your damages are. You might have decided it was best not to bother the police with what you believed was an unimportant matter. Reasons why you decided not to involve the police may include:
- Your property damage was minor
- You didn’t want to waste time waiting at the scene
- The other driver didn’t dispute fault and exchanged details with you
- You didn’t immediately realize that you were injured
It’s not unusual for people to feel this way. Unfortunately, if you later find that your damages are more serious than you realized, or the other driver starts disputing who was at fault, you may find yourself in a difficult position.
An Initial Consultation About Your Insurance Claim is Free
After a car accident, you may face some headwinds when you file an insurance claim without a police report in Texas. That doesn’t mean you should simply give up. At Carrigan Anderson Attorneys at Law, we’re happy to give you our opinion on your case.
It’s cost and obligation-free, and if we believe we may be able to help you, we’ll be clear about what outcomes we think you may hope for. Get a personalized case assessment today. We’re here for you.
At Carrigan & Anderson, PLLC we can talk to you about your options and rights.
