Before January 1, 2010 in Texas, with some exceptions discussed below, phone numbers of the drivers would be listed on accident reports. This caused a lot of privacy concerns. Telemarketers and solicitors would somehow obtain these reports and call the injured driver that was not at fault only to try to send him or her to various chiropractors, doctors and lawyers. In an effort to thwart this problem, recently as of January 2010 Texas law enforcement and transportation agencies have agreed to drop telephone numbers from traffic crash reports.
According to Car accident attorney, Nick Feizy, Associated Press reported in October 2009, that the Texas Transportation Commission is scheduled to consider the new reporting form at a Thursday meeting in Fort Worth. The move would be a blow to businesses that contact drivers after car wrecks. However, the inclusion of phone numbers on the reports has prompted several transportation commissioners to express concerns about privacy. If adopted by the commission, the new form would be used starting Jan. 1 (2010). The Texas Department of Public Safety, which also has a say on the forms, in 2008 agreed to drop the numbers after concerns were raised about insurance fraud. The numbers were reinstated, however, after a lawsuit by a chiropractor and a business that gathers crash-report information for clients. They successfully argued the state had to follow a formal rule-making process to make the change. This year, DPS officials changed course and said they wanted to keep the numbers on the forms for law enforcement purposes, but transportation commissioners balked.
According to a story posted by Peggy Fikac on 10/30/09, attorney Becker successfully represented the chiropractor and businessman. Becker said, “This is a great victory for insurance companies who don’t want to have to pay for the medical care needed by those that their negligent insured drivers have injured,” said Austin lawyer Douglas Becker. “I think it is sickening that our government officials, who are supposed to be looking out for the people, instead are catering to insurance companies that are trying to avoid their contractual duties.”
Car accidents are a lucrative business. The chiropractor and business man sued to keep the phone numbers on the reports presumably because it was very profitable for them to be able to obtain these accident reports and solicit the injured victims of these car wrecks by using their phone numbers. Without the phone numbers being listed on the reports, they could no longer call the injured. Instead of calling they would now have to personally go to the injured drivers’ homes since their addresses would still be listed on the reports.
Previously it seemed like the police in Texas prepared a police report for all auto accidents no matter how severe they were. However, recently for the last couple of years or so, the police typically only prepare accident crash reports where apparent damage is $1,000.00 or more or when the crash resulted in injury or death.
A police report will be of tremendous help in settling a car accident claim with the other party’s insurance company. If the case goes to trial, then the police report or parts of it may or may not be admissible. For example, during the informal settlement process negotiations with the opposing insurance carrier this crash report will be very valuable. The facts listed on the police report can be used as leverage in gaining the upper hand in settlement talks.
A personal injury attorney can use the report to show who, what, when, where and how of the claim. For example, the time, location and weather conditions will be listed. Also, the investigating officer will state his opinion as to who was at fault and list the factors that caused the accident. Additionally, other identifying information will be listed such as any possible witnesses or if an ambulance arrived or cars were towed.