If you’re in an accident in Texas, especially one that causes significant property damage, injury, or death, you must report it to the police. The responding officer will investigate the accident, take statements, and prepare a police report. This report plays a crucial role in the legal and insurance processes that follow, making its accuracy extremely important.
Under Texas Transportation Code §550.062, any law enforcement officer who investigates a motor vehicle crash involving injury, death, or property damage over $1,000 must submit a written report to the Texas Department of Transportation (TxDOT) within 10 days of the crash.
But what if the police report contains mistakes? It may wrongly blame you for the accident, misinterpret your words, or leave out critical details. You might have been told that police reports can’t be amended, but that’s not true. While you can’t rewrite the entire narrative to make it more favorable, it is possible to modify an inaccurate police report. However, you must act quickly to avoid complications that could affect your claim’s outcome.
We explain how to amend a police report after an auto accident in Texas.
What Is a Police Report?
A police report (or crash report) is an official document prepared by the officer who responded to your accident. It typically contains:
- The precise location, date, and time of the accident
- Vehicle descriptions
- Contact information for all involved drivers, passengers, and witnesses
- Statements from drivers and witnesses
- Observations made by the officer on road conditions, vehicle damage, and injuries
- The officer’s narrative of events, which could present initial opinions about fault
- Diagrams and, sometimes, photographs of the scene and position of the vehicles
- The contributing factors to the crash, which can indicate who is liable.
Some of these details are factual (like your name, license plate number, and the time of the crash), while others are subjective statements made by the officer and may be difficult to challenge.
Why Change Your Police Report After an Accident?
The police report is a key piece of evidence for a compensation claim. Texas law follows a modified comparative negligence principle. This allows you to claim compensation even if you’re partially at fault for the crash, but only if your share of fault is under 51%.
That means if a report wrongly states you were mainly to blame, you could lose your right to recover any damages.
Here’s an example: If the crash report says you were tailgating another driver, who braked suddenly, causing a collision and injuries to you both, the other driver would be within their rights to pursue compensation from your insurance.
If it’s determined that you were 60% at fault because the crash could have been avoided had you been following from a safe distance, you wouldn’t be entitled to any compensation for your injuries under Texas law.
Errors in police reports happen for many reasons:
- Chaotic or noisy accident scenes can make it easy to mishear statements
- Witness accounts may be mistaken
- Physical evidence might be overlooked
- Details can get lost or recorded incorrectly in the rush to complete a report.
If an inaccurate police report isn’t corrected, it can lead to claim denials, reduced settlements, or legal complications in a personal injury case.
Common Errors You Can Amend in Your Texas Police Report
Here are some examples of common errors in police reports that need to be corrected:
- Incorrect names, addresses, or driver’s license numbers
- Wrong vehicle details, such as make, model, or color
- Mistaken injury descriptions
- Errors in the account of how the crash occurred
- Inaccurate date, time, or location of the accident
- Misidentifying drivers and passengers
- Missing witness statements or information regarding property damage or road conditions.
Factual errors, such as incorrect vehicle details or dates, are usually easier to amend because you can provide clear proof, like registration papers or timestamps. Subjective statements involving fault are more complicated but still possible to challenge with strong evidence, such as photographs, dashcam footage, or medical records.
How Long Do You Have to Amend an Inaccurate Police Report?
While Texas law doesn’t set a specific deadline to request an amendment to an inaccurate police report, acting quickly is critical. Once the report is filed with TxDOT and insurers begin evaluating your claim, errors become much harder to address.
How to Amend a Police Report in Texas
Step 1: Request a Copy of Your Police Report
The first step is to check your police report for any inaccuracies, so you’ll need to get a copy from the TxDOT Crash Report Purchase Portal for a small fee. You’ll need a certified copy for legal purposes. Written reports can take a couple of weeks to be uploaded to TxDOT and available for purchase, so don’t panic if you can’t find your accident report immediately. A car accident attorney can request a copy on your behalf, explain how to read your Texas police report, and work with you to get your report amended.
Step 2: Gather Evidence
Compile all evidence that supports your correction, such as photographs taken at the scene (including photos taken after the accident), witness statements, medical reports, and vehicle repair documentation.
Step 3: Contact the Officer Who Filed the Report
Explain the mistake clearly and respectfully, and provide your evidence. Factual errors, such as an incorrect license plate number, can sometimes be fixed on the spot.
Step 4: Submit a Supplemental Report
If the original report can’t be changed, file a new statement with your Texas police department. Include the error, your requested correction, and your supporting evidence.
Step 5: Notify Your Insurance Company
Send your insurance company the corrected report or your supplemental statement so they have the correct facts when evaluating your claim.
Step 6: Work with a Personal Injury Attorney
An attorney can build a strong case for your version of events if the error affects fault or damages, especially if it’s a subjective opinion. Our Texas personal injury lawyers help clients in McAllen, San Antonio, Midland-Odessa, and the surrounding cities.
What If You Can’t Amend Your Police Report?
If amending your police report hasn’t been possible, you can still:
- Document the error in writing and share it with your insurer, along with any evidence supporting your claim.
- Challenge the report’s accuracy in court through witness testimony and evidence with an experienced car accident attorney.
- File a formal complaint with the police department if you believe the officer acted negligently or with bias.
If amending the report proves impossible, keep thorough records of your communication and gather any supplementary evidence. Consulting an attorney early can help you prepare for potential disputes, including effectively presenting your case in court or during settlement negotiations.
Need to Change a Police Report After an Accident? We Can Help
We’ve established that a police report can be amended after an accident in Texas if it contains factual errors or missing information. Still, you must act quickly and back up your request with evidence. Even if the report can’t be changed, an experienced car accident lawyer can help you challenge inaccuracies and pursue the compensation you deserve.
At Patino Law Firm, we know how crucial an accurate police report is for your injury claim. We support Texas accident victims through the process and fight to recover maximum compensation.
Call 855-LAW-NINJA or fill out our confidential contact form for a free, no-obligation consultation.
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