Injured Passenger's Claim After an Unreported Rear-End Crash

Attorney Answer

Yes. As an injured passenger you can bring your own claim against the driver who caused the crash, and the fact that no one filed a report does not take that right away. A report is evidence. It is not the thing that creates the claim.

There is no Texas requirement that a driver file a crash report with the state; official reports come from the law enforcement agency whose officers respond. Nothing in the crash statutes conditions an injured person's claim on a report having been made. What the statutes did require at the scene is the exchange you already have: under Tex. Transp. Code § 550.023, a driver in a collision resulting in injury to a person, or damage to a vehicle driven or attended by a person, must give his name and address, the registration number of the vehicle he was driving, and the name of his liability insurer to any person injured and to the operator or occupant of the other vehicle, and must show his driver's license if it is requested and available. Having both drivers' information puts you in a position to make the claim.

The claim itself rests on the rear driver's negligence. Tex. Transp. Code § 545.062(a) sets the standard:

"An operator shall, if following another vehicle, maintain an assured clear distance between the two vehicles so that, considering the speed of the vehicles, traffic, and the conditions of the highway, the operator can safely stop without colliding with the preceding vehicle or veering into another vehicle, object, or person on or near the highway."

Texas has no statutory presumption that the following driver is automatically at fault, so the facts still matter, and § 545.351(a) adds that no one may drive faster than is reasonable and prudent under the circumstances. As a passenger, you are ordinarily assigned no share of responsibility yourself, and if both drivers were found partly responsible each would owe only his own percentage of your damages (Tex. Civ. Prac. & Rem. Code § 33.013(a)), unless one is found more than 50 percent responsible (§ 33.013(b)).

On coverage: Texas minimum liability limits are $30,000 per injured person, $60,000 per crash, and $25,000 for property damage (Tex. Transp. Code § 601.072(a-1)). Personal injury protection must be included in a Texas auto policy unless it is rejected in writing (Tex. Ins. Code § 1952.152), and it pays without regard to fault or to other sources of payment (§ 1952.155(a)) — which often matters most to a passenger with early medical bills.

What you can do

1. Get evaluated and keep treating if you are told to. Gaps in treatment are the first thing an adjuster points to.

2. Ask the driver of the car you were in for the insurer's name, the policy number, and whether the policy includes personal injury protection.

3. Notify both insurers in writing that you are making a passenger injury claim, and ask each to confirm its limits in writing.

4. Ask whether any law enforcement agency responded and made a report; if one exists, request a copy from that agency.

5. Keep every bill, every discharge instruction, and a record of work you missed.

6. Ask a lawyer before giving a recorded statement or signing any release, including anything an insurer calls a medical authorization.

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) requires a personal injury suit to be brought within two years after the day the cause of action accrues. Where that lands in your case depends on your facts, and the absence of a report does not extend it, so have a Texas attorney review the dates.