Legal Question in Personal Injury in Texas
Have I fulfilled all Duties of the TEXAS TRANSPORTATION CODE Sec. 550.025 , and 550.061 (if required) ? SEE BELOW - Thank you!
Texas: I accidentally hit someones mailbox with my vehicle, flustered I left the scene. Later that evening they called the police, who filed a report, and gathered left over pieces of my car as evidence. Any matter, I went to the property owners home the following morning, explained what happened, apologized, and made arrangements with the owner to replace the box. Now, the owners were very understanding, and don't care to seek damages or anything like that. However, what advice could you give to me... Could the police still come after me for anything? According to the Texas transportation code Sec. 550.025. DUTY ON STRIKING STRUCTURE... I have 3 things that I must do to avoid the committing an offense...
http://www.statutes.legis.state.tx.us/docs/TN/htm/TN.550.htm
Additional information:
When speaking to the owner they informed me that the police estimated the damage to be in the $1,000 range . But I was able to get an estimate from the property district's approved mason (Subject Matter Expert) for $600. Therefore I don't feel this falls into the $1,000 or more category, based of truth of estimate, and not some number an officer pulled out of his butt (no offense to him or her)
2 Answers from Attorneys
Section 550.061 only applies when the damages equal or exceed $1,000. It has to be apparent that it's that amount. So, there's been no violation of this section. Although, it's possible you could be charged with a violation. The State, however, would have the burden of proof to show that it was apparent.
From what you've written, I can't tell whether you told the owner before or after you were contacted by the police. If before, then you can say you fulfilled your duty within a reasonable amount of time. If after, you can still argue that you did so promptly, but that argument will be less persuasive.
Regardless, the police may not press the issue since you are in communication with the owner.
Agreed..but did u inform your insurer to pay???they will only pay the actual damage
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