Worried you might have missed the deadline to report your car accident?
While Texas law doesn’t impose a strict deadline for reporting a car accident to your auto insurance company, most policies include specific clauses requiring you to report an accident “promptly” or “within a reasonable time.”
This time frame usually averages around 30 days from the date of the accident.
Sounds a bit vague, right?
Don't worry. In this article, we’ll clearly explain what this means and show you why prompt action is important.
And if you’ve missed your deadline or you’re not sure how to proceed, the expert car accident lawyers at No Bull Law can guide you through the reporting and claims process. Reach out for a free consultation with us to get a clear picture of the road ahead.
How Long Do You Have to Report a Car Accident to Your Insurance in Texas?
As mentioned, most policy deadlines for reporting a car accident average around 30 days from the date of the accident.
However, the exact deadline may vary depending on the terms outlined in your policy. So here’s what you should do:
- Review your insurance policy to see if it mentions a clear deadline for reporting an accident.
- If you’re still not sure, contact your insurance company for information.
Whatever you do, don’t wait too long to report your accident. Gather the necessary information as soon as you can. (We’ll explain the information you need further down.)
The sooner, the better, as waiting too long may jeopardize your claim.
The ideal is to notify your insurance company within 24 hours of the incident. This ensures that the details of the accident are still fresh in your mind, which can help with accurate reporting and smoother claims processing.
If you find out that your deadline has passed, it’s wise to consult with a lawyer to explore your options.
What Happens When You Delay Reporting a Car Accident to Your Insurance Company
If you report the accident months after it happens, you could find yourself in a tough spot when it comes to making a settlement claim. This can add even more stress to an already challenging situation.
Here are the difficulties you may face with the insurance company:
1. They May Deny Your Claim
If you fail to report an accident to your insurance company right away, it could complicate any claims you make regarding the accident.
Your insurance provider might say they weren’t allowed to properly investigate the circumstances of the accident. They could also claim that the evidence supporting your claim is insufficient. This could happen because key physical evidence—such as injuries and debris at the accident scene—can deteriorate or disappear over time.
As a result, your claim can be denied by the car insurance company.
This can create a major issue if you are the at-fault driver, as you would be responsible for covering the other party's damages as well. You could end up paying out of pocket.
If you were the victim and the at-fault driver was uninsured or underinsured (having minimum liability insurance), a denial of claim by your insurance company could leave you responsible for covering your own damages or medical expenses.
2. They May Raise Your Premiums (or Even Cancel Your Contract)
When you purchase car insurance, you enter into a legally binding agreement that includes specific contractual terms.
These terms typically include reporting the accident within the designated timeframe and cooperating with the insurance company’s investigation.
Failure to report on time means a breach of the contract. Your insurance policy premiums could be increased, and in severe cases, the insurer might cancel the contract altogether.
Losing your coverage could leave you financially exposed, especially if the other person involved in the accident decides to file a personal injury lawsuit against you.
3. You Lose Credibility
If you delay reporting an accident, it can raise doubts about the validity of your personal injury claim. Your insurance provider might question why you didn’t act sooner, which could lead them to scrutinize the details of your case more closely.
They might wonder if the accident happened as you described or if the injuries and vehicle damage weren’t as severe as claimed.
This skepticism could slow down the entire claims process, making it difficult to get the money to cover your medical bills. It also gives the insurance company the opportunity to lowball your claim.
4. You Give the Other Driver’s Party an Advantage
If you were in a car crash with another driver and didn’t report it while the other driver did, the opposing side would have a head start on the investigation.
The other driver and their auto insurance company would begin building their case immediately, locating witnesses, and obtaining surveillance footage and medical records to support their version of events.
Meanwhile, your insurance company would be unaware of the situation and unable to help you.
This lack of preparation will leave you at a significant disadvantage if the case goes to court. Your party may lack the evidence needed to counter the other party’s arguments.
Additionally, the other driver might present their own version of events to your insurance company, which could conflict with yours. Their account might carry more weight due to early action, potentially undermining your claim and reducing the payout.
The bottom line: report quickly—and that’s not just to your insurance company. You should report early to law enforcement, too.
Do You Have to Report a Car Accident to the Police?
It depends, though we recommend reporting in most cases.
While you don’t always need a police report when filing a car insurance claim (such as for minor mishaps), having it can help speed up the process. Without one, your insurer may have more difficulty verifying your account of the incident.
However, according to Texas Transportation Code Sec. 550.041, you must report your accident immediately if you suffered any of the following:
- bodily injury
- severe damage to your car
- property damage exceeding $1000
You only won’t need to file an accident report if the police arrive at the scene.
If no police are present, you should report the motor vehicle accident to the nearest police station within 10 days (provided your case meets the above conditions).
Failure to do so means you could face significant legal penalties—including fines up to $5,000 and/or jail time, per Texas Law.
Note: You are no longer required to fill out a crash report (Form CR-2) to the Texas Department of Transportation if law enforcement doesn’t respond to the accident scene. Instead, you should report to a nearby police station.
If you’ve delayed reporting the accident to the police when you should have, your best course of action is to get legal advice for your next steps. The attorneys at No Bull Law can help you figure those out.
If you already have the police report, you can start collecting everything you need to file your report to your insurance company.
What Information Do You Need in Order to Report a Car Accident?
Before you report the auto accident to your insurer online or over the phone, ensure you are prepared with the necessary details. Trust us, it will make the process much smoother for you and the insurance company.
You should have the following information at hand:
- Location of the accident: It should be the exact address where the car crash took place. You should also mention surroundings, landmarks, etc., to locate the area.
- Date and time of accident: This verifies that the accident occurred within the coverage period.
- Description of accident: This includes the sequence of events and factors that might have caused the accident (weather, malfunctioning traffic signals, etc.)
- Details about your vehicle: This includes details such as make and model, description of damage, and relevant photos (when reporting online).
- Information about other driver(s) involved: You should know the name, address, phone number, and license plate number of the other party.
- Police report number: This supports your claim and allows the insurer to verify the accident.
- Witness contact information: Name and contact details and written/recorded statements (when reporting online).
Note: While describing the accident, stick to the facts and focus on describing the sequence of events without blaming the other driver or yourself. If you state you are at fault, it can be interpreted as an admission of liability, which might be used against you in legal proceedings.
What is the Difference Between Reporting and Making a Claim?
People often think that reporting a car accident is the same thing as making a claim.
But that’s far from the truth.
Reporting means notifying your insurer of the incident. This doesn’t necessarily mean they would start the payout process. For that to happen, you have to make a car accident claim, which is a formal request for compensation for damages.
Here’s a closer look at the differences between the two:
- It’s mandatory to report an accident, as per policy terms. On the other hand, making a claim can be optional. You may not need to formally initiate a claim for a minor accident.
- You have to report to your own insurance company. While you can file a claim against your insurance company or the at-fault driver’s insurer.
- The reporting deadline is usually within 30 days. The exact date would be mentioned in the policy terms. However, the deadline for the claim is two years after the accident, as per Texas Civil Practice and Remedies Code Section 16.003.
- Reporting a minor car accident may not affect premiums. Claims can lead to higher premiums, especially if you’re at fault.
Whether it’s reporting or making a claim, having legal representation is key to getting fair compensation.
How Does a Personal Injury Lawyer Help You After a Car Accident?
When you bring a lawyer into the picture, you’ll be able to reduce the stress that comes with an accident. You can focus on recovery while they handle all the tedious tasks involved in reporting and filing a claim.
Here’s a list of things they can do for you after the accident:
- Reviewing your insurance policies and preparing a plan of action.
- Ensuring you protect your rights and interests from the outset.
- Acquiring important evidence for filing a personal injury claim, such as police reports, medical reports, auto-repair, and medical bills.
- Assessing damages such as property damage, pain and suffering, lost wages, etc., to determine compensation.
- Initiating the claim process by writing a demand letter to the insurance company.
- Negotiating with the insurance company to get adequate compensation.
- Filing a personal injury lawsuit and representing you in court if there is no fair settlement after negotiations.
- Maximizing your settlement amount by 3-3.5 times by building a strong case, rejecting lowball offers, and putting pressure on the insurance company.
And the best part is that car accident lawyers usually work on contingency.
This means you don’t have to pay fees upfront. Instead, your lawyer only collects their fee from a portion of the settlement (around 33% to 40% in Texas) you receive from the insurance company.
(But people, on average, end up with a 3-3.5x higher payout with a lawyer, even after deducting their fees.)
Hire No Bull Law as Your Lawyer to Get the Accident Claim You Deserve
Need guidance on delayed accident reporting?
At No Bull Law, we’ll take charge of your car accident case.
Our experienced team of personal injury attorneys in Houston, Texas, works tirelessly to ensure you receive a fair settlement. Whether it’s a car crash, truck accident, or any other collision involving motor vehicles, we’ll guide you through the entire legal process, from reporting to negotiating with insurance companies.
Here’s how it works:
- You contact us for a free case consultation.
- We gather information about the case and start investigating your claim.
- If we take up your case, a dedicated car accident lawyer will fight to win your case.
So, don’t let your case stall — consult a Texas accident lawyer today!
3 FAQs Related to Car Accident Reporting
Want to learn more about the reporting process before you make the call?
Here are a few more things you should know:
1. How Does Reporting an Accident Impact My Insurance Premiums?
When you report a motor vehicle accident to an insurance company, your insurance premiums could potentially increase in some cases.
The factors that could affect car insurance rates include:
- Liability: Your premiums can rise by $900 or more if you're at fault for the accident. In car accidents where you’re not the at-fault driver, premiums may increase by about $200. The same applies to no-fault accidents (weather-related accidents, mechanical failure, etc.).
- Severity of the Accident: Major accidents resulting in substantial claims can cause a greater premium hike than minor incidents with lower claim amounts.
- Your Driving Record: A clean driving record might reduce the impact of an accident on your premium. Conversely, your premium may increase more significantly if you have been in car accidents before.
2. Can I Choose Not To Report a Car Accident To My Insurance Company?
You may want to avoid reporting the accident to prevent the insurance rate from increasing, but withholding information can have some serious consequences.
When insurance companies learn about the accident, they can choose not to renew your policy or cancel it altogether. If the other driver or a pedestrian makes a claim on your policy, the insurer could refuse to pay the claim. As a result, you could have to pay a judgment out of your own pocket, even if the police did not blame you for the crash.
3. Can I Still File a Car Insurance Claim If I Didn't Report the Accident Right Away?
Yes, however, your claim might be denied. Delayed reporting could violate the policy’s terms and conditions. It also affects the insurance company’s ability to investigate the accident and properly handle the claim.
Your best bet is to consult an experienced car accident lawyer when you’re filing a claim after a late accident report. They’ll be able to protect your rights and guide you through the process.
