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Q
I Was In an Accident But the Police Officer Didn't Write Any Tickets or a Report. Can I Still Make a Claim Against the Other Driver?

A

Yes – but it might not be easy.

Under Texas law, if the accident was indeed the other driver's fault, you can pursue a claim against the negligent motorist’s liability insurance company to pay for your car's damages and your injuries.

Just because the police officer didn't issue any tickets or write an accident report doesn't mean you can't make a claim, but it does make it more difficult to prove who caused the wreck. In these instances, assuming you have lots of damage to your car and perhaps even personal injuries, I'd suggest contacting your attorney. The sooner you have an experienced lawyer on your side, the better your chances of recovering the maximum possible compensation.

Why Wasn't a Police Report Completed?

Police officers use discretion when issuing tickets. I often see accident reports come back from the police with no assignment of fault and no ticket issued (even in cases where someone clearly deserved a ticket). 

Also, if the cars are able to drive away from the scene intact and no one has to go to the hospital, it's common for the investigating officer to skip their report. At that point, their job is simply to facilitate the exchange of insurance information. 

Don't let the lack of a ticket or a report deter you. If the accident was not your fault, you should not be penalized. You don’t have to be stuck with huge medical bills, the cost to get your vehicle repaired or replaced, or any other accident-related expenses. You have the right to recover full and fair damages.

Other Articles Your Might Be Interested In:

Money Matters: Long-Term Financial Debt as a Result of Being Injured in an Accident  
Don't Throw In The Towel: How To Get The Full And Fair Compensation You Deserve   
Life After An Accident Can Be Stressful Unless You Hire An Attorney  
Why Future Medical Treatment Can Affect the Value of Your Texas Accident Case

Mark A. Anderson
Board Certified Personal Injury Lawyer in Fort Worth, Texas