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Police Follow-Up After Striking a Parked Car

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JV

Reviewed & verified by A. Jason Velez, Esq.*

Founding Attorney, 1LAW · Last reviewed February 2022

Legal Inquiry

Consumer Legal Issue

I recently hit a parked car in a parking lot. I left my info for the other driver but never received a call. Today a police officer showed up at my door.

Attorney Answer

Leaving your information is what Texas law asks for, but an officer at your door means this is being looked at as a possible criminal matter, and you should talk to a defense attorney before you explain anything to anyone. Doing the right thing at the scene is a strong position. It is not a reason to give a statement on your own.

Start with what the statute actually covers. Tex. Transp. Code § 550.022(a) sets the stop-and-remain duty for a collision resulting only in damage to a vehicle that is driven or attended by a person. A parked, empty car is not a vehicle driven or attended by a person, so that section does not describe what you did. Texas has a separate provision for a driver who strikes an unattended vehicle, which in general terms requires the driver to locate the owner or operator and, failing that, to leave written notice. The precise wording of what that notice had to contain is a question for a Texas attorney.

What the law treats as adequate information is worth knowing anyway. Under Tex. Transp. Code § 550.023, a driver who must exchange gives a name and address, the registration number of the vehicle driven, and the name of the liability insurer, and shows a driver's license if it is requested and available. If the note you left carried less than that, an officer may be checking whether the duty was met.

An officer may also be checking insurance. Tex. Transp. Code § 601.051 requires financial responsibility for a vehicle operated in Texas, and § 601.191(a) makes it an offense to drive in violation of that requirement, punishable under § 601.191(b) by a fine of not less than $175 and not more than $350, rising under § 601.191(c) to between $350 and $1,000 for someone previously convicted.

None of this tells you what the officer wants. That is exactly why the next step is not a conversation.

What you can do

1. Be polite, give your name, and say you would like to speak with an attorney before answering questions about the incident. You do not have to explain yourself at the door.

2. Preserve what already exists: a photo of the note you left, the time stamp on it, store receipts, card statements, and any dashcam or phone video from that day. Do not write out a fresh narrative of the collision and do not post about it.

3. Contact a Texas criminal-defense attorney before you speak with the officer, the other car's owner, or any insurance company about what happened.

4. Ask that attorney how and when to notify your own auto insurer. Prompt notice is usually a policy requirement, but the sequencing changes when a charge is possible.

5. If a citation, a summons or a written request for a statement arrives, hand it to the attorney rather than responding yourself.

6. Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts with a Texas attorney is worth more than any general guidance, including this page.

⏱ Time limits apply. Tex. Civ. Prac. & Rem. Code § 16.003(a) sets two years from the day the cause of action accrues for suits over personal injury and over damage to property, which is the clock on any civil claim the car's owner may bring. Criminal timing runs on separate rules. The deadline that matters here depends on your own facts, and a Texas attorney should review them.

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Courts & Legal Aid in Texas

Frequently Asked Questions

Does the Texas stop-and-exchange statute apply when the car struck was parked and empty?

Not on its face. Tex. Transp. Code § 550.022(a) is written for a collision resulting only in damage to a vehicle that is driven or attended by a person. Texas addresses striking an unattended vehicle in a separate provision, which in general terms requires the driver to find the owner or leave written notice. A Texas attorney can confirm what that provision requires.

What information does Texas law require a driver to give after a collision?

Tex. Transp. Code § 550.023 requires the driver's name and address, the registration number of the vehicle being driven, and the name of the driver's liability insurer, given to any person injured or to the operator, occupant or attendant of the other vehicle. The driver must also show a driver's license if it is requested and available, and provide reasonable assistance to anyone injured.

Can a driver be charged for having no insurance after a minor collision in Texas?

Yes. Tex. Transp. Code § 601.051 requires financial responsibility for a vehicle operated in Texas, and § 601.191 makes driving in violation of that requirement an offense, with a fine of $175 to $350 for a first offense and $350 to $1,000 where the driver has a prior conviction under the section.

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