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15 Jan 2019,
 

Accidents are a pain! They emotionally drag you down and often have physical and property damages you need to recover. Despite these challenges, you must still report a significant car accident.

That is why we discuss how important it is to report an accident to the proper authorities.

IS IT THE LAW TO REPORT THE ACCIDENT?

The California Department of Motor Vehicles (DMV) requires all crashes file an SR-1 form within ten days of the accident. This mandatory reporting ensures that a clear record of the incident exists. Failure to submit the DMV form in a timely manner can result in a suspension of your driver’s license for one year. This submission is critical for maintaining your driving privileges, so make sure all sections are filled out to ensure a complete report.

This form is necessary for any accident that meets the following requirements:

  • Property Damages exceed $750
  • An injury or death due to the collision

Please note that filing a report with a law enforcement agency, the California Highway Patrol, or insurance company is not equal to filling out the DMV’s SR-1. The official procedure for reporting an accident to the state involves this specific form. The process is state-specific.

The one exception to the law is when the injuries were grave enough to prevent the parties from filing the SR-1 in the required time. You can ask a third party (e.g., an attorney) to file the report for you to ensure the documentation is completed properly, with all detailed information included. Your attorney can also help you verify that all details are accurate.

Please be aware that the California Vehicle Code Section 20002 might consider not reporting an accident as a hit-and-run.

If you leave the scene of a car accident before reporting it to the authorities, you might receive depending upon the severity of the crash:

  • Jail time of six months or less
  • A fined up to $1,000
  • Both

IT’S OKAY! WE EXCHANGED INFORMATION BEFORE WE LEFT

No, it is not okay! Do not consider a crash closed if neither party contacts the insurance company or reports the accident to the DMV at the scene.

Remember, you exchanged your information. The other party has your standard identification items like:

  • driver license
  • plate number
  • vehicle photos
  • contact information
  • witness names and phone numbers
  • insurance information

Often at the scene of the accident, parties do a preliminary assessment of damages. Collecting thorough and accurate evidence is always recommended. A comprehensive account of the events may prove to be crucial. The other party can find additional damages or notice an injury from the collision after the fact. So, always review the damages carefully before leaving the scene.

If the other party then files a report later to the DMV without your knowledge, they could blame you for the entire accident. You have no defense because you did not protect yourself by reporting the incident as well.

Things get worse if the other driver then files a claim against your insurance for damages. Above, we talked about the challenge of hit-and-run accidents. Insurance providers dislike unreported accident claims filed against their company. Always notify your insurance company promptly after an accident.

How do you now prove you did not commit a hit-and-run on the other party? You may need to provide strong evidence to defend your case; otherwise, you could face a terrifying outcome from an incident you believed was over.

Avoid the entire situation in the first place by filing the SR-1 form as soon as possible. In particular, if you are the victim, it is a better reason to report the accident. You need this document to collect your settlement later.

WHAT HAPPENS IF YOU MISSED THE 10-DAY DEADLINE?

If you missed the deadline, then it is not too late to fix the oversight.

The first step is to find out if the other driver filed the SR-1 form. If you did not receive a letter from the DMV about the incident, there is a good chance they do not know about the accident.

Check your license on the DMV website to confirm if they have suspended your license. If they did not suspend you, then they do not know about the accident.

The DMV suspends your license for a year because they assume, without investigating, that you did not have insurance at the time of the accident.

You can still get your coverage back, but you need to present a valid insurance policy to the DMV. They might make you fill out the SR-1 form while you are in the DMV. Once you complete the document, you can get your license reinstated.

DO YOU HAVE FURTHER QUESTIONS ABOUT STAYING LEGAL WITH THE CALIFORNIA DMV?

If you have a specific question about a recent car crash, or the accident registration process, please contact Levinson Law today. Our personal injury attorneys have 40-plus years of experience collecting settlements for drivers.

Schedule a free consultation with Levinson Law Group today at (760) 642-5475.

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