When involved in a car accident in Texas, receiving an accurate police report is crucial, as it can significantly impact the claims process. However, mistakes can happen. If you find errors in a police report, it’s important to know that amendments are possible. To correct a police report, gather supporting evidence, such as witness statements or photographs, and present it to the police department that filed the report. This evidence can help clarify inconsistencies or errors.
Why Contact the Law Gang
If in Texas and injured in a car accident then contact us today. Any victim suffering from pain, medical bills and lost wages deserves to be compensated. That is precisely what insurance is for and why it exists. Yet, after a car wreck, it can be quite difficult for an every day person to get the compensation benefits they are entitled to. Battling the insurance companies with their lawyers is no easy task which is why you need help and should call the Law Gang today. We will help you and can do the dirty work of negotiation and dealing with the insurance companies so you don’t have to.
No person should have to take on that battle themselves let alone try and get healthy at the same time. The Law Gang will work hard for you and will try to get the highest settlement possible to make up for your pain, suffering, missed work, doctor bills and other out of pocket expense. Contact us today!
Although mistakes do happen, you should not suffer. The best thing for you to do is to get representation so you have someone on your side working for you. The Law Gang can help so reach out if you’ve been in a car accident. We service the entire state of Texas including San Antonio, Dallas and Austin.
Determining fault in an accident in Texas is based on the principle of “comparative negligence.” This means that each party’s responsibility for the accident is assessed, and any compensation is allocated accordingly. It’s the insurance adjusters, along with the police, who typically determine fault by examining evidence and the police report. If fault is disputed, the parties may require legal intervention to resolve the matter.
If you’re involved in a car accident that isn’t your fault, you should gather as much evidence as possible at the scene and contact your insurance company to report the incident. In Texas, the at-fault driver’s insurance is typically responsible for covering the damages.
Your insurance rates may remain unchanged if you are not at fault. However, if the at-fault party is uninsured or underinsured, your own policy may cover the damages under an Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage, assuming you have these in your policy.
It doesn’t matter what county your car accident occurred in. The Law Gang helps with any car crash in the state including the counites of Runnels, Pecos, Brazos or anywhere else.
Understanding Police Reports in Texas
When involved in a car accident in Texas (or with a UPS truck), it’s crucial for us to understand the role of the police report. It is often the first document that insurers and legal parties consult to assess what occurred. Here’s how police reports function:
What it Contains:
- Details of the Accident: Date, time, location.
- Driver Information: Names, contact details, insurance information.
- Vehicle Information: Make, model, registration details.
- Witness Statements: Accounts from those who saw the event.
- Officer’s Observations: Road conditions, weather, any violations.
- Diagram: Layout of the accident scene.
Purpose:
- Record-Keeping: Official record of the facts.
- Insurance Claims: Initial reference for processing claims.
- Legal Proceedings: Basis for establishing fault and liability.
Accuracy:
- We should review the report for errors promptly.
- If inaccuracies are found, we must contact the reporting officer.
- Supporting evidence (photos, witness contacts) should be supplied for corrections.
Fault Determination:
- Not always conclusive in the report.
- We may need additional investigation or legal interpretation.
Amendments:
- Corrections are possible but must be justified.
- Significant changes may require additional documentation or approval.
If our insurance or legal interests are affected by the report, we should act promptly to ensure its accuracy. Understanding and navigating police reports is an important step in managing the aftermath of a Texas car accident.
Challenging a Police Report
When the details of a Texas police report are incorrect, we have options to set the record straight.
Filing a Dispute
To initiate a dispute, we must contact the police department that issued the report. It’s crucial to provide evidence to support the correction such as:
- Witness statements
- Photos or videos
- Accident reconstruction reports
A written statement detailing the inaccuracies is typically required. We submit this documentation to the records division of the concerned law enforcement agency.
Legal Considerations
If the dispute doesn’t lead to changes, legal counsel may be necessary. An attorney can help:
- Precisely identify inaccuracies in the report
- Gather and present supporting evidence
- Advocate on our behalf during disputes or legal proceedings
Attorneys understand the processes and legal standards required to amend a police report in Texas. In cases of resistance or complications, they are equipped to navigate the legal system to ensure that our version of events is heard and considered.
Determining Fault in Texas Accidents
In Texas, the process of determining fault in vehicle accidents involves both law enforcement and insurance companies. Each entity plays a crucial role in assessing the circumstances and contributions to the incident.
Role of Police
When an accident occurs in Texas, it is common for the police to arrive on the scene, conduct an investigation, and file a report. The police report often contains pertinent details about the crash, such as the time, location, parties involved, and a description of the accident. This report may include a preliminary assessment of fault based on the officer’s judgment, evidence, and testimonies from those involved. Nonetheless, a police report is not the final word on fault in Texas; it is one piece of evidence used in the fault determination process.
Insurance Company’s Role
Insurance companies have their own adjusters who conduct an independent assessment of the accident. The adjuster will examine the police report, vehicle damage, witness statements, and any other available evidence. They may also consider elements such as state traffic laws and past relevant court decisions. The insurance company aims to establish liability and the degree of fault for each party involved based on a standard called ‘comparative negligence.’ Comparative negligence recognizes that more than one party may be at fault and assigns a percentage of responsibility to each. This determination is critical as it affects the claims process and ultimately decides which insurance company will cover the damages.
Post-Accident Procedures for Non-Fault Drivers
After a car accident in Texas, there are essential steps we must follow, especially if we believe the accident was not our fault:
- Document the Scene: We should take photographs of our vehicle, the other vehicles involved, and the overall accident scene. It’s important to gather as much evidence as possible.
- Gather Witness Information: If there are witnesses, we collect their contact information, as their statements could be crucial in supporting our position.
- Review the Police Report: Upon receiving the police report, we scrutinize it for inaccuracies. If something is incorrect or missing, we note what needs correction.
- Request a Change: If we find errors, we can request an amendment to the police report. This generally involves providing evidence to the law enforcement agency that issued the report.
- Contact Insurance: We inform our insurance provider about the accident and provide them with all collected evidence, making sure to emphasize that we were not at fault.
- Seek Legal Advice: If necessary, we consult with an attorney who specializes in traffic accidents to protect our interests and assist in disputing fault.
- Fault Assessment: Regarding fault determination, it is typically insurance companies in Texas that decide based on the evidence. Disagreements may be resolved through negotiation or legal action.
- Monitor Insurance Rates: Since we are not at fault, our insurance rates should not increase. However, we keep an eye on our insurance premiums and speak with our insurer if there are any unexpected changes.
Insurance Implications for Not-at-Fault Drivers
When involved in a car accident in Texas where we are not at fault, it is important to know how this impacts our car insurance. Generally, if the fault is clearly placed on the other party, our insurance rates should not increase. Texas is an at-fault state, which means the driver who is responsible for the accident bears the liability.
Steps to Take:
- File a claim with our insurance company immediately.
- Provide evidence that supports our lack of fault, like photos, video, and eyewitness statements.
- Keep a record of all communications related to the accident.
In Texas, the insurance company has specific obligations:
- Investigate the accident thoroughly.
- Determine fault based on evidence and official reports.
- Protect our policy from unjustified rate increases if we’re not at fault.
What to Expect:
- No penalty on our insurance for a not-at-fault accident.
- An option to file a claim against the at-fault driver’s insurance.
- Possible reimbursement for deductibles from the at-fault party’s insurer.
Document Everything:
- Police reports.
- Medical records.
- Repair bills.
- Any other related expenses.
It’s in our best interest to maintain a strong line of communication with our insurance provider to ensure that we’re fairly represented and that our rates reflect the true nature of the accident. If errors are present on the police report, it can be challenged to reflect the correct information.
Get someone working for you. Call the Law Gang for representation and to fight for your best settlement. We can be in any city, Round Rock, College Station, Tyler or anywhere else in the state of Texas.
Frequently Asked Questions
In this section, we address some of the most common concerns drivers in Texas may have after a car accident, especially regarding police reports and insurance matters.
How can one correct inaccuracies in a police report after a vehicle accident in Texas?
If you find inaccuracies in the police report after a vehicle accident in Texas, you have the right to request an amendment. First, we suggest contacting the police officer who filed the report to provide evidence of the inaccuracies, such as witness statements or photographs. If the officer agrees, they can amend the report accordingly.
What steps should be taken if you disagree with the fault determination in a Texas accident report?
If you disagree with the fault determination in a Texas accident report, we recommend gathering evidence supporting your position, such as photos, eyewitness accounts, or surveillance footage. Next, submit this evidence to your insurance company and request that they review the fault determination. A lawyer can assist in providing legal arguments if necessary.
What are the consequences of not reporting a car accident within the required timeframe in Texas?
Texas law requires that a car accident resulting in injury, death, or property damage exceeding $1,000 be reported within ten days. Failure to report within this timeframe can lead to fines, license suspension, or even misdemeanor charges, depending on the severity of the accident and whether it appears there was an intent to conceal it.
Does the involved party’s insurance rate increase even if they are not at fault in a Texas car accident?
Typically, the involved party’s insurance rate should not increase if they are not at fault in a Texas car accident. Insurance companies generally only raise premiums for drivers who are deemed at fault. However, policies can vary, so it’s wise to review the terms of your insurance policy or discuss with your insurance agent.
What legal options are available if you believe a police officer has provided a false account in an accident report in Texas?
If you suspect a police report contains a false account, we advise documenting your version of the event with evidence like photos and witness statements, and speaking with an attorney. An attorney can guide you in how to seek a correction in the report or how to use the legal system to contest the officer’s account.
Is there a way to formally dispute and amend a police report online in Texas?
Currently, formal disputes or amendments to a police report cannot be processed online in Texas. To dispute or amend a report, you must contact the law enforcement agency that issued the report directly or seek the advice of a legal professional.
