(a) No action will be taken on any accident case except where:
- (1) an investigating officer's report of the accident clearly indicates fault; or
- (2) sworn affidavits are submitted which can be used as evidence at an administrative hearing to show there is a reasonable probability of a judgment.
- (b) Estimates of damages to vehicles or other property will be requested from the parties to an accident when there is doubt as to the amount of damage sustained. These documents are subject to release under the Texas Open Records Act.
- (c) Doctor's reports will be requested from the parties to an accident when there is doubt as to the nature and extent of personal injuries sustained by the parties. These documents are subject to release under the Texas Open Records Act.
- (d) The driver's confidential accident report form prescribed by the department is the report required of operators and owners for obtaining the information necessary for requiring a security deposit or for making a determination of whether or not financial responsibility is shown.
- (e) In the initial evaluation, the department will assume there was no damage caused by an accident if the driver's confidential accident report does not give an approximate cost for repairing the involved vehicle or other damaged property, and the department will assume no personal injury was caused by an accident if the driver's confidential accident report does not mention personal injuries.
Source Note:The provisions of this §25.1 adopted to be effective January 1, 1976; amended to be effective May 9, 1999, 24 TexReg 3538.