# Penalty for filing a late car accident report in Texas **URL:** \ **Category:** In My Humble Opinion\ **Created:** [October 29, 2015, 12:28am UTC](https://boards.straightdope.com/t/penalty-for-filing-a-late-car-accident-report-in-texas/736029 "2015-10-29T00:28:41Z")\ **Posts on this page:** 6\ **Page:** 1
**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\ **Post date:** [October 29, 2015, 12:28am UTC](https://boards.straightdope.com/t/penalty-for-filing-a-late-car-accident-report-in-texas/736029/1 "2015-10-29T00:28:41Z")
Does anyone know the penalty (fines, suspension of license, etc.) if a car-accident report is filed a day or several days too late in Texas? (postmark-mail date.) ---
**Author:** ![Habeed](https://avatars.discourse-cdn.com/v4/letter/h/a587f6/32.png) [@Habeed](https://boards.straightdope.com/u/Habeed)\ **Post date:** [October 29, 2015, 7:05pm UTC](https://boards.straightdope.com/t/penalty-for-filing-a-late-car-accident-report-in-texas/736029/2 "2015-10-29T19:05:21Z")
Ok, so you get in a wreck. You give the other party your insurance information. As long as you did that, it’s your business when you file. You don’t have to file at all - you can just pay to repair the damages yourself or get out a roll of duct tape. Your insurance company may deny the claim if you wait to long, but I don’t see how you would face any kind of penalty. Now, if you hit the gas and leave the other driver in your dust, yeah, that’s a crime. When I got in a wreck in Texas, I gave the other driver my insurance information. We both left the scene right after , not wanting the cops to show up and hand out citations. I then called my insurance company and reported the wreck. The car was towed to a repair shop and fixed. Another wreck, I also called it in, but the other driver had the same insurance company, so it took a few days for the insurer to talk to both drivers. The other driver took responsibility so it was a hit on his liability coverage. I then was told the damage was covered, but I didn’t bring the car in to be repaired for several months. (I had the damage assessed but I didn’t bring the car back until it was convenient for me) Again, I didn’t report this to the state, only the insurance company, and no police were involved. Had I been late in doing this I guess my insurance company might have balked at paying, although they probably would have ultimately paid. A few days either way doesn’t make any difference to them. ---
**Author:** ![aktep](https://avatars.discourse-cdn.com/v4/letter/a/f0a364/32.png) [@aktep](https://boards.straightdope.com/u/aktep)\ **Post date:** [October 29, 2015, 9:08pm UTC](https://boards.straightdope.com/t/penalty-for-filing-a-late-car-accident-report-in-texas/736029/3 "2015-10-29T21:08:44Z")
If the damage is more than $1000, or there is an injury or death, [Texas Law](http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.550.htm#550.061) requires you submit an accident report within 10 days. The law states that a person commits “an offense” if they don’t submit on time, but doesn’t specify the offense from what I can see. My guess is probably a class B misdemeanor. Aside from a (probably made-up) story in _What every 18 year-old should know about Texas Law_, I’ve never heard of anyone being cited for not submitting a report in time. ---
**Author:** ![gnoitall](https://avatars.discourse-cdn.com/v4/letter/g/bb73d2/32.png) [@gnoitall](https://boards.straightdope.com/u/gnoitall)\ **Post date:** [October 29, 2015, 9:28pm UTC](https://boards.straightdope.com/t/penalty-for-filing-a-late-car-accident-report-in-texas/736029/4 "2015-10-29T21:28:56Z")
> [@aktep](#): > > If the damage is more than $1000, or there is an injury or death, [Texas Law](http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.550.htm#550.061) requires you submit an accident report within 10 days. > > The law states that a person commits “an offense” if they don’t submit on time, but doesn’t specify the offense from what I can see. My guess is probably a class B misdemeanor. > > Aside from a (probably made-up) story in _What every 18 year-old should know about Texas Law_, I’ve never heard of anyone being cited for not submitting a report in time. Google. Google never changes. 🙂 [Section 601.004](http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.601.htm) actually says what the offense and punishment is: > [@Texas Transportation Code Sec 601.004](#): > > Sec. 601.004. ACCIDENT REPORT. (a) The operator of a motor vehicle that is involved in an accident in this state shall report the accident to the Texas Department of Transportation not later than the 10th day after the date of the accident if: > > (1) the accident is not investigated by a law enforcement officer; and > > (2) at least one person, including the operator, sustained: > > (A) bodily injury or death; or > > (B) property damage to an apparent extent of at least $1,000. > > (b) If the operator is physically incapable of making the report, the owner of the motor vehicle shall make the report not later than the 10th day after the date the owner learns of the accident. > > (c) The report must be made in writing in the form prescribed by the Texas Department of Transportation and the department and must contain information as necessary to enable the department to determine if the requirements for the deposit of security under Subchapter F do not apply because of the existence of insurance or an exception specified in this chapter. The operator or owner shall provide additional information as required by the department. > > (d) A written report of an accident made to the Texas Department of Transportation under Section 550.061 or 550.062 complies with this section if that report contains the information required by this section. > > (e) The department may rely on the accuracy of information contained in the report unless the department has reason to believe that the information is erroneous. > > (f) An accident report that is released for insurance purposes, other than investigation of a specific accident, may show only an accident for which the insured was issued a citation for a violation of Subtitle C. > > (g) The department shall suspend the driver’s license or nonresident’s operating privilege of a person who fails to make a report as required by this section if another person sustained bodily injury, death, or property damage to the extent described by Subsection (a)(2)(B). The suspension continues until a date set by the department that is not earlier than the date the report is filed and not later than the 30th day after the date the report is filed. > > (h) **A person commits an offense if the person fails to report an accident as required by this section. An offense under this subsection is a misdemeanor punishable by a fine not to exceed $25.** Emphasis added So a $25 misdemeanor. Plus temporary license suspension if death, injuries, or substantial property damange were involved. ETA: IANAL, IANAT\*, I’m just reading what Google found, if there’s context that makes this inappropriate I wouldn’t know. This is not legal advice (duh!). \*I am not a Texan ---
**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\ **Post date:** [October 29, 2015, 9:34pm UTC](https://boards.straightdope.com/t/penalty-for-filing-a-late-car-accident-report-in-texas/736029/5 "2015-10-29T21:34:46Z")
Since this sounds like it may involve legal advice about an actual case, let’s move it to IMHO. Colibri General Questions Moderator ---
**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\ **Post date:** [October 29, 2015, 10:59pm UTC](https://boards.straightdope.com/t/penalty-for-filing-a-late-car-accident-report-in-texas/736029/6 "2015-10-29T22:59:59Z")
> [@aktep](#): > > If the damage is more than $1000, or there is an injury or death, [Texas Law](http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.550.htm#550.061) requires you submit an accident report within 10 days. [Similar law in California too.](http://www.calbar.ca.gov/Public/Pamphlets/AutoAccident.aspx) The dollar threshold is $750.