Have you been involved in a traffic collision in California? If so, what should you do next? If the traffic collision results in a loss of life, at least $1,000 in property damage, or someone obtaining bodily injuries, however slight, it qualifies as a reportable collision. You, your insurer, or your legal representative must report the crash to the Department of Motor Vehicles (DMV) within ten days, failing which you could lose your driving privilege.

Overview of Reportable Collisions

A reportable crash or collision is a vehicle accident that you should report to the DMV. Per California Vehicle Code (VC) 1600, you must file a report with the DMV in ten days if the following conditions exist:

  • The crash causes over $1,000 in property loss.
  • The collision results in bodily injuries.
  • The collision leads to death.

It is difficult to estimate the value of property damage. A little scratch on a car can cost over $1,000 in body repairs. Therefore, it is best to report all crashes with property damage, however slight it appears.

You must know that a traffic accident does not necessarily mean two cars colliding. A car collision can include:

  • At least two automobiles collide with each other.
  • An automobile crashing or hitting a pedestrian.
  • A car hitting an obstacle like a wall or pole.
  • An automobile flipping without striking anything.
  • A car occupant falls from a vehicle being driven on a public roadway.

All the drivers involved in the traffic accident must report the crash. Also, you must notify the DMV about the accident within ten days. The reporting requirement applies even if the accident happened on private property.

For instance, you are driving through the neighborhood after work. You attempt to make a sharp corner at high speed, but unfortunately, the car overturns and falls upside down on someone’s lawn. Luckily, the vehicle does not strike any person or object, although the roof is severely damaged.

If the damage to your automobile is above $1,000, you should report the crash to the DMV within the provided timeline, even if the collision happened on private property. It would help to know that if the other motorist was at fault, causing your car to flip, they must also notify the DMV about the crash.

The presence of the police at the scene is different from reporting the accident. Even when the police come to the accident scene and prepare the report, your obligation to report the accident under VC 1600 still stands.

Your Obligations Under VC 20008

Per VC 20008, when you are involved in a traffic crash, you must notify the California Highway Patrol Department or the police department where the collision happened within one day if the accident causes bodily injuries or death. However, unlike VC 1600, where you must report the crash even if police officers visit the collision scene and prepare a report, with VC 20008, you no longer have an obligation to notify authorities about the collision if police or patrolmen come to the accident scene. The police report under VC 20008 substitutes for your account, but the requirement to file a notice with the DMV still stands.

Additionally, the statute requires you to stop at the accident scene, check on others, and exchange contact information. If there has been property damage, death, or injuries, you should wait for the police to arrive at the scene to give a statement before you can leave. When you fail to report the accident or leave the scene without performing your obligations, you will receive a traffic ticket and face an infraction charge.

Reasons for Reporting Traffic Collisions

The DMV imposes the obligation to report specific collisions on motorists to monitor their driving history and determine if they are negligent operators. The DMV enters your name on the Negligent Operator Treatment System (NOTS) if you have obtained enough points to qualify as a negligent operator. You receive these DMV points when you violate VC 22450 and engage in a criminal driving offense like drinking and driving.

When you earn multiple points in twelve to thirty-six months, the DMV declares you a negligent operator and suspends or revokes your license.

Filing a California Auto Collision Report

After a traffic collision, the law obligates you to report the crash to the DMV if the accident meets the conditions of VC 1600. You declare the accident by acquiring, completing, and submitting the Report of Traffic Accident Occurring in California (Form SR-1). The form lets you identify those responsible for the crash and communicate bodily harm and property damage above $1000. All parties to the collision must fill out these forms, failing which they risk financial fines and could be prohibited from seeking damages from the liable party. You can obtain these forms online or consult your personal injury attorney for guidance.

The law requires that you furnish the DMV with information about the collision and the parties involved. The details should include:

  • General info.
  • Personal info.
  • Insurance details.
  • List of property damage, deaths, and injuries.

You must take specific action after the crash to obtain the details required to complete SR-1. If you leave the scene without taking the steps needed by the law, even if you want to fill out Form SR-1, you will not have the requisite details to complete the forms, and this will result in severe consequences and hurt your injury claim. Whether you are at fault for a traffic accident or not, you should take the following action:

  1. Stay at the Collision Scene.

When you are in a car collision, and someone suffers bodily injury or dies, you should stay at the scene and wait for the police to arrive unless you require medical attention.

Fleeing the crash scene when another party has sustained injuries can result in hit-and-run charges. You risk twelve months in jail or a court financial fine of at most $10,000.

If the accident causes property damage but no injuries, you can leave the crash scene only after identifying yourself. Not identifying yourself is a misdemeanor hit-and-run that attracts six months in jail and a court-imposed fine of $1,000. When a driver causes an accident and flees the scene, you should report it to the local police to trace them. If the police cannot find the driver, you can recover the financial losses from your insurer.

  1. Go to the Hospital for an Examination

You will need a medical report detailing your injuries or injuries sustained by other parties to complete SR-1. Therefore, a medical examination after an accident is critical, even if you do not have visible injuries. Call emergency services or request someone to drive you to the hospital if you are injured. After examination, you will obtain a medical report that will be instrumental in filling out SR-1.

  1. Move yourself and the Car Wreckage to a Safe Area

When a traffic collision happens, your vehicle and other vehicles block the traffic, causing a traffic snarl-up and increasing the risk of another accident. Therefore, you are encouraged to move the car to a safe location, but only if it is safe and when the car wreckage poses a potential hazard. However, if the vehicle does not pose any danger, you should leave it there until the police arrive for their investigations.

  1. Note Down Details of the Other Vehicles

You must submit car details like model, make, license plate number, and Vehicle Identification Number (VIN) in the SR-1. Therefore, once you move your vehicle to a safe location, you must jot down or take pictures of the car license plate numbers of all automobiles in the collision, along with their color, design, model, and VIN. The information is critical in reporting the crash to the DMV.

You can locate the VIN on the other motorist’s insurance card. Nonetheless, it is always good to obtain a physical confirmation. You can spot the VIN where the dashboard meets the windscreen on the driver’s side or where the driver’s flank door latches. It will help to know that you can only obtain the number physically if the other driver allows you to do so. Touching the other person’s car without permission can put you in trouble.

  1. Exchange Personal Info

You should exchange personal information with the motorists and witnesses to the accident. It would help if you asked these individuals to furnish you with their driver’s license, car registration, and insurance details. You can jot down these details or take pictures.

Collect the personal details of all parties involved or who saw the accident. The details should include the official names, addresses, dates of birth, and license numbers. You will use these details to fill out the section that requires personal information on the SR-1 form.

The insurance details you need to fill out on the SR-1 are as follows:

  • Name of the insurer.
  • Policy number.
  • Duration of the policy.
  • Policyholder’s name.

Check to see if the auto insurance policy is valid because the Forms require you to fill out these details.

  1. Avoid Saying you are Unhurt

It is normal to have delayed symptoms after an accident. Therefore, even when you do not have visible injuries after the accident, do not admit you are unhurt because you will give the liable party’s insurer a reason to refute your insurance claim or lower the damages. This is why you should seek a medical examination to establish your injuries and their severity.

  1. Leave your Communication Details if the Damaged Property or Auto is Unoccupied

The other party who suffers property damage of over $1,000 must report the crash to the DMV. Therefore, enable them to write down the collision by leaving your contact information at the scene if they are absent. Also, you can locate the owner and share your personal information. Alternatively, you can report the property damage to the local police or highway patrol department.

  1. Record your Version or Account of the Crash

SR-1 requires that you disclose the general details of the collision, like the time of the crash, date, and location. It is easy to forget these details, leading you to fill out the wrong information during reporting. Therefore, after the crash, jot down your account of the collision, including the following information:

  • Date and time of the traffic collision.
  • The direction each vehicle was traveling.
  • Your estimate on the speed of each auto involved in the crash.
  • Traffic lights’ color at the time.
  • Hazardous road conditions.

By writing these details down, reporting the crash to the DMV becomes much more accessible.

  1. Injury Documentation

VC 1600 requires that you report any accident that causes injuries, regardless of severity. You should register the injuries sustained by pedestrians, other drivers, car occupants, and bicyclists involved in the accident. The best way to document these injuries for reporting is by taking pictures of visible bodily harm after the accident. If you are hurt, you can ask someone to take the photos on your behalf.

Taking these steps after an accident will improve the reporting process and enhance your chances of obtaining maximum compensation.

Reporting the Collision to your Insurer

California does not obligate you to report a car collision to your insurer. Many drivers do not report accidents because they fear the insurer will increase their premiums. This is despite the state prohibiting auto insurance firms from raising premiums when the accident is not due to the policyholder’s negligence.

However, most insurers require policyholders to report accidents promptly. Even when you are responsible for the crash, insurers encourage you to notify them to prevent license suspension or policy cancellation.

Reporting the crash on time is encouraged to enable the insurer to prepare defenses if you are at fault. All motorists must have:

  • $15,000 physical injury per individual.
  • $30,000 physical harm per collision.
  • $5,000 property damage liability.

Even if you lack this minimum coverage, you should report the crash to the DMV if it is reportable. You risk a license suspension for being uninsured, although the DMV will still suspend your driving privileges for not reporting a reportable collision.

Department of Transport (DOT) Reportable Collisions

DOT’s Federal Motor Carrier Safety Administration (FMCSA) division provides reporting guidelines for commercial vehicle collisions. A commercial car accident is reportable to the DOT if it involves fatalities. Also, it is reportable when the accident causes injuries that require the victims to seek medical treatment.

Similarly, when a big rig is towed from the crash scene due to damage, it should be reported to the DOT.

Lastly, the crash is reportable when a commercial car accident results in disabling damages. Regardless of the party at fault, all parties involved in the collision must prepare the DOT report. The reporting procedures depend on the jurisdiction where the accident happened. In the U.S., you should report these crashes within one or two days after the collision. The information you should capture in the report includes:

  • Property damage.
  • Bodily injuries and fatalities.
  • Essential details like the time, location, and date of the traffic collision.
  • Witnesses’ personal details and statements regarding the crash.
  • Specific information about the accident, including the cause.
  • The names of the police officers at the scene.

Failure to Report

Not reporting an accident to the DMV, police, or insurer puts your fate in the hands of the other parties involved in the crash. You will assume that the accident is minor when you can claim compensation in an injury lawsuit. Apart from being unable to claim reimbursement, not reporting puts you at risk of criminal charges or loss of payment when:

  • The other parties allege you fled the scene.
  • The at-fault party claims in their version of the story that you were the one responsible.
  • You later discover you suffered injuries from the accident, and the liable driver has no insurance coverage.

Do not allow this to happen to you. Always report all car collisions to the relevant parties in the state. By registering with the DMV, you prevent license suspension or cancellation. Additionally, calling the police at the scene lets them document evidence you can use when claiming compensation in your injury claim. With a police report of the crash, you will compel insurers to reimburse you for the collision damages.

Partnering with a Personal Injury Attorney

If your car collision has resulted in loss of property worth $1,000, loss of life, or bodily injury, you should talk to an injury attorney for guidance. When the accident involves injuries, the statute of limitations is twenty-four months, while that involving property damage alone is thirty-six months.

An experienced car accident injury attorney will help you report your accident to the relevant parties and gather the necessary evidence to seek compensation and protect your rights. An attorney will be pivotal, particularly if you have injuries that require medical treatment but cannot afford the services. They will find a medical professional who accepts a medical lien. Also, the legal representative will write the insurer a demand letter seeking compensation for the following:

  • Existing and future medical bills.
  • Loss of earnings and employment.
  • Burial and funeral costs if a loved one loses their life in a collision.
  • Property damage.
  • Pain and anguish, including loss of life enjoyment, consortium.
  • Disability accommodation.

With a reputable injury lawyer, you will not have to deal with insurance companies directly. They will represent you in negotiations to ensure reasonable compensation.

Find an Experienced Traffic Collision Injury Attorney Near Me

If you are trying to decide whether to report your car collision, have questions on the report filing process, or want to understand the steps to seek compensation in an auto collision, call 619-478-4059 to talk to the San Diego Personal Injury Law Firm. We will help you navigate all the legal issues, like reporting the crash to the DMV, and protect your right to compensation.