Accidents happen, and when they do, you should know your responsibilities, especially when it comes to reporting the incident to the Department of Motor Vehicles (DMV) in California. In this guide, we’ll address the common question: “Do I have to report an accident to the DMV in California?“, and give you the answers you are looking for.
Read on to understand the process, where to report, and why filing a report is vital to getting compensation for your injuries.
Do I Have to Report an Accident to the DMV in California?
In 2022, the California Statewide Integrated Traffic Records System (SWITRS) reported that there were 19,280 fatalities and serious injuries due to motor vehicle accidents. Los Angeles has the highest number at more than 4,500 deaths and injuries, followed by San Bernardino at about 1,300.
These are casualties and injuries involving pedestrians, bicyclists, motorcyclists, senior citizens, and occupants without seat belt restraints. Moreover, these accidents are associated with alcohol, drugs, distracted driving, and speeding.
What is the DMV?
The DMV, or the Department of Motor Vehicles, in California is a state agency responsible for overseeing various aspects related to motor vehicles and driving. It serves as the primary authority for the registration of vehicles, issuance of driver’s licenses, and the implementation of rules and regulations governing road safety.
Functions of the DMV
- Driver’s Licensing: The DMV is responsible for processing driver licenses for California residents. This includes testing individuals on their knowledge of traffic laws and their ability to operate a vehicle safely.
- Vehicle Registration: The DMV manages the registration of vehicles in the state. This involves assigning license plates, collecting registration fees, and ensuring that vehicles meet the necessary safety and emissions standards.
- Enforcement of Traffic Laws: The DMV is instrumental in enforcing traffic laws and regulations. This includes monitoring driving records, assigning points for traffic violations, and, when necessary, suspending or revoking driver’s licenses. The department works to maintain road safety by holding drivers accountable for their actions on the road.
- Driver Education and Testing: To ensure that drivers are knowledgeable and capable, the DMV oversees driver education programs and conducts written and practical tests.
- Record Keeping: The DMV maintains comprehensive records of drivers, vehicles, and related transactions. This includes information about driving histories, vehicle ownership, and any violations or incidents. These records play an important role in verifying insurances and law enforcement activities.
DMV Online Services
The DMV in California has embraced technology to provide convenient online services. Individuals can renew their vehicle registration, schedule appointments, check the status of their driver’s license, and access a range of informational resources. Online services aim to streamline processes, reduce wait times, and enhance overall customer experience.
Local DMV Offices
The state is divided into various regions, each served by local DMV offices. These offices handle in-person transactions, such as license and ID card applications, vehicle registrations, and the issuance of specialty plates. Appointments are often recommended to expedite these processes.
Reporting an Accident in California
If you’ve recently experienced a car accident in the sunny state, one of the most frequent questions you might have in mind is: Do I have to report an accident to the DMV in California?
If you find yourself as a driver involved in an incident in California, Vehicle Codes 20008 and 16000 states that it is a must to notify the DMV under the following circumstances:
- The incident resulted in property damage amounting to $1,000 or more.
- The incident caused any form of bodily injury, no matter how minor it is.
- The incident led to the death of any individual.
An “accident” or “collision” involves various scenarios, such as:
- Two or more cars making contact
- A vehicle colliding with a pedestrian.
- A vehicle striking a fixed object like a pole or sign.
- A car overturning or flipping without contacting anything.
- A passenger falling out of a vehicle.
Every driver involved in the accident is obligated to file a report, and this report must be submitted within 10 days of the collision, even if the accident occurred on private property. It’s noteworthy that the reporting requirement persists, regardless of whether a police officer is present at the accident scene and generates their own report.
California law does not require you to call your insurance agent or report an accident to your auto insurance company.
Why is It Important to Report to the DMV?
The DMV’s reporting requirements serve two purposes:
- To monitor the driving history of all drivers.
- To ascertain if any drivers exhibit negligent behavior.
Operating under the Negligent Operator Treatment System (NOTS), the DMV has the authority to label an individual as a “negligent operator” upon accumulating a sufficient number of “points” on their driving record. Points are assigned for various noncompliant actions, including:
- Moving violations, such as running a stop sign (violating Vehicle Code 22450).
- Criminal driving offenses, like violating a California DUI law.
Accumulating a specific number of points within a one-, two-, or three-year period can lead to the following actions by the DMV:
- Declaration of the driver as a negligent operator.
- Suspension, or in more severe cases, revocation of driving privileges.
It’s important to note that individuals have the option to challenge a suspension or revocation through a DMV hearing.
Process of Reporting an Accident
Reporting an accident to the DMV is a relatively straightforward process. You can obtain the appropriate forms, such as the SR-1 report, from the DMV website or your local DMV office. The SR-1 form is the Traffic Accident Report that must be submitted for accidents meeting the specified criteria.
To fill out the form, you’ll need information about the parties involved, insurance details, and a description of the accident. Make sure to provide accurate and detailed information to ensure the completeness of the report.
When filing a report, it’s crucial to include any available documents or proof related to the accident. This may include photographs of the accident scene, witness statements, and any other evidence that helps establish the facts of the incident. Having these documents can be invaluable in the event of disputes or investigations.
Moreover, even though you’re required to report an accident within a 10-day period, the California law regarding car accidents allows you to pursue an injury claim for up to two years following the incident under CA’s statute of limitation for personal injury claims.
If your claim is against a government entity or public agency, you must initiate it within six months of the accident. For claims related to property damage, you have a three-year window from the date of the accident to take action.
How a DMV Report Can Impact Your Insurance Claim
While California law does not mandate reporting accidents to an insurance company, the majority of insurance policies encourage prompt reporting of the accident soon after it happened.
In the absence of a timely report, the insurance company holds the right to:
- Deny Coverage: If no report is made within a reasonable timeframe, the insurance company reserves the right to deny insurance coverage.
- Responsibility for the Crash: Denial of coverage can occur, especially if you are deemed responsible for the accident.
Moreover, even without auto insurance, there is a legal obligation to report reportable accidents to the DMV. Failure to do so may result in the driver’s license suspension when the DMV discovers the absence of insurance. Additionally, the DMV has the authority to suspend your license if it becomes aware of an unreported crash.
Increases the Value of an Insurance Claim
Filing a report with the DMV in California is not only a legal obligation but can also significantly impact the outcome of your insurance claim. When you promptly report an accident and provide a detailed account of the incident, it helps establish a clear record. This can be crucial in determining fault and liability. Moreover, it can prevent the other involved drivers from providing false information to your insurance carrier that might harm your claim.
A well-documented report can contribute to a smoother claims process and potentially increase the value of your claim. Insurance providers appreciate thorough and timely reporting, which can positively influence the assessment of your case.
Legal Assistance: How a Lawyer Can Help
While reporting an accident is a necessary step, situations can arise where support from a legal representative becomes crucial. If you encounter challenges in the claims process, face disputes, or if the involved party takes legal action, consulting with an experienced personal injury lawyer is advisable.
An accident attorney:
- Provides legal guidance: A lawyer can provide valuable guidance on navigating the legal complexities associated with accidents and insurance claims.
- Negotiates the best settlement: An accident attorney can deal with the communication and negotiation with insurance adjusters or the other individuals involved. They can advocate on your behalf to secure a fair settlement.
- Gives litigation support: In the unfortunate event of a lawsuit, having legal representation becomes crucial. A lawyer can help build a strong case, gather evidence, and represent you in court if necessary.
Consult with An Award-Winning Personal Injury Attorney
Do I have to report an accident to the DMV in California? Definitely, yes.
Reporting an accident to the DMV in California is not just a legal obligation but a critical step in ensuring a smooth insurance claims process. Remember to report promptly, provide accurate information, and seek legal assistance if needed for a comprehensive resolution.
Hiring an experienced car accident lawyer provides you with expert guidance and an edge in negotiation and court representation, increasing the likelihood of obtaining maximum compensation.
If you find yourself in an unfortunate motor vehicle accident in California, choose a reputable accident lawyer who understands local traffic regulations and settlement procedures.
Farahi Law Firm is represented by award-winning personal injury lawyers who help accident victims get the highest compensation and the best medical care for their injuries and damages.
We work on a contingency fee basis, meaning you only pay legal fees if we successfully recover compensation for you.Reach out to us today for a free consultation at (844) 824-2955.
