Backing Collision Where the Other Driver Refused Information

Q: What information must Texas drivers give each other after a collision?

Tex. Transp. Code § 550.023 requires the operator of a vehicle involved in a collision that injures or kills a person, or damages a vehicle that is driven or attended by a person, to give their name and address, the registration number of the vehicle they were driving, and the name of their motor vehicle liability insurer to any person injured and to the operator, occupant or attendant of the other vehicle; to show their driver's license if requested and available; and to give reasonable assistance to anyone injured. Tex. Transp. Code § 550.022(a) requires stopping at the scene and remaining until those requirements are met.

Q: If the other driver refuses to exchange information after a crash, does that end their claim?

No. The duty to exchange information is theirs to comply with, and refusing it does not waive a claim they may later bring. It can be relevant evidence, but responsibility is still assigned as percentages under Tex. Civ. Prac. & Rem. Code § 33.003, and the claim itself remains subject to the two-year period in Tex. Civ. Prac. & Rem. Code § 16.003(a).

Q: How does Texas divide fault when both drivers contributed to a parking lot collision?

By percentage. Under Tex. Civ. Prac. & Rem. Code § 33.003 the trier of fact assigns each party a whole-number share of responsibility; § 33.001 bars a claimant whose share is greater than 50 percent from recovering anything, and § 33.012(a) reduces any other claimant's damages by their own share. Video, vehicle positions and sight lines are the evidence those percentages usually rest on.

Question

Today I had just picked up my daughter from school. As I was getting ready to pull out, I saw a white van. I stopped. When I could no longer see the van, I continued to back out. I then felt a minor impact. The person in the car got out and took a picture of my license plate and face. I got out of my car and apologized and told the lady I didn't see her. I had only seen the white van. I told her we should call the police and make a report. I asked for her information. She refused and told me she didn't have time. I explained to her that I didn't have money upfront if that was what she was looking for, and that we should call and make a report and call our insurance. She refused again and said you should get down on your knees and ask for forgiveness. She then pulled away. I sat for a moment in the same parking spot, very confused. I called the director of the school and told her what happened. She brought up the footage and said the car that I hit had been sitting parked right behind me for a few minutes and was blocking me in, as well as blocking the white van that I mentioned earlier. The director said the car had been parked in my blind spot, so there was a definite reason why I didn't see the car. I saw a police officer passing and waved him down. He told me if we would have called the police they wouldn't have been able to do anything because it was in a private parking lot. He told me not to call my insurance, and to wait for what the other person was going to do. I do not have her information; she refused to give me anything. She didn't ask for my insurance. She only took a picture of my license plate and my face. I'm not sure what I should do.

A. Jason Velez · Accepted Answer

Her refusal to exchange information does not shift the fault onto her, and it does not give you a claim against her. It also does not erase her claim against you. What actually helps you is the footage the director watched, because Texas divides responsibility by percentage rather than all-or-nothing. And the officer's advice not to call your insurer is the one thing on your list you should not follow. Take the exchange duty first, because it runs both ways. Tex. Transp. Code § 550.023 provides that the operator of a vehicle involved in a collision resulting in the injury or death of a person or damage to a vehicle that is driven or attended by a person shall give the operator's name and address, the registration number of the vehicle the operator was driving, and the name of the operator's motor vehicle liability insurer to any person injured or the operator or occupant of or person attending a vehicle involved in the collision; shall show the operator's driver's license if requested and available; and shall provide reasonable assistance to anyone injured. Tex. Transp. Code § 550.022(a) requires an operator involved in a collision resulting only in damage to a vehicle driven or attended by a person to stop immediately at or as near as possible to the scene, to return to it if not stopped there, and to remain until the requirements of § 550.023 are met. You did those things. She did not. Whether those duties reach a collision in a private parking lot is a real question, because the traffic laws are written primarily for operation on a highway, and that is a question for a lawyer rather than one this page can settle. What her refusal does not do is end her claim. A person who declines to trade information at the scene can still make a claim later, and she has your plate and a photograph. Nor does your apology decide anything; it is one piece of evidence among several. Fault is where the footage matters. Under Tex. Civ. Prac. & Rem. Code § 33.003 the trier of fact assigns each party a whole-number percentage of responsibility. Section 33.001 provides that "in an action to which this chapter applies, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent," and § 33.012(a) requires the court to reduce a claimant's damages by a percentage equal to her own percentage of responsibility. A driver backing out carries a substantial share of the duty to do it safely. But a vehicle parked in a position that blocked you in and sat in your blind spot is precisely the kind of fact that moves a percentage, and video of it is far better evidence than anyone's memory. The insurance advice you were given was wrong. Auto policies generally require prompt notice of an accident, and delay can create a coverage problem on top of the claim itself. What you can do 1. Ask the school in writing today to preserve the footage and to give you a copy, with the date and time window and the camera involved. Systems overwrite in days. This is the single most valuable step on the list. 2. Get the name of the person who reviewed the footage and note what she described seeing. 3. Report the accident to your own auto insurer promptly, notwithstanding what the officer said. Give the objective facts you have: the date, the time, the type of location, the other vehicle's description and plate if you noted it, the minor impact, and that the other driver declined to exchange information. 4. Photograph your own vehicle, including the areas with no damage, and photograph the parking spot and the sight lines if you can get back there. 5. Keep any written record you already have of the day, and do not add to it or revise it later. 6. If she or her insurer contacts you, take the contact details and route everything to your own insurer. Do not negotiate or agree to a figure yourself. 7. Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts is worth more than any general guidance, including this page. ⏱ Time limits apply. Tex. Civ. Prac. & Rem. Code § 16.003(a) allows two years from the day the cause of action accrues for property damage and personal injury, so a claim can surface long after a quiet parking lot exchange. When that period started depends on the facts, and no page can date it. If a claim, a demand or court papers arrive, take them to a Texas attorney immediately rather than waiting to see what happens next.

Backing Collision Where the Other Driver Refused Information

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