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In California, the Department of Motor Vehicles (DMV) must be notified of reportable car accidents within ten days. Law enforcement must be notified within 24 hours. Failing to do this can lead to legal consequences. Your car insurance company must also be notified according to the terms of the auto insurance policy.
What is a reportable car accident?
Under California law, a car accident must be reported to the DMV if:
- someone died,
- someone suffered a bodily injury, regardless of whether it was a serious injury or a minor one, or
- there was at least $1,000 of property damage.[1]
Given how expensive it is to repair motor vehicles, this covers most auto accidents. Even minor accidents and fender benders may be reportable.
Note that this requirement is not confined to accidents involving two or more vehicles. Reportable accidents include:
- crashes involving multiple vehicles,
- single-vehicle accidents,
- crashes with stationary objects, and
- accidents with pedestrians.
These crashes must be reported, even if they took place on private property.[2] However, it is not a reportable accident if it:
- happened on your property,
- only involved your personal property, and
- did not hurt or kill anyone.[3]
Additionally, it is not a reportable accident if it involved vehicles that are not required to be registered, like:
- off-road vehicles,
- farming equipment, or
- snowmobiles [4]
How long do I have to notify the California DMV?
Reportable accidents in California must be reported to the DMV within ten days. Every driver involved in the accident has to file a report.
The report is made using the DMV’s Form SR 1. This Form requires the following types of information:
- details about the accident, such as the time of the accident, the location of the accident, and the number of vehicles that were involved,
- the driver’s name and contact information,
- the vehicle owner’s name and contact information,
- details about the vehicle, including license plate numbers,
- the driver’s insurance company and insurance information, including the insurance coverage policy number,
- the other driver’s name, contact information, and vehicle information,
- information about anyone who was hurt or killed,
- details about any property that was damaged, and
- your signature and attestation that the information provided on the Form is correct.
You must file Form SR 1 regardless of who was at fault for the crash.[5]
If the other driver left the scene in a hit-and-run, you can write “unknown” for information you do not have.
Form SR 1 must be sent to the DMV even if the police arrive at the accident scene and make a police report of it.
This reporting obligation is a part of the state’s negligent operator treatment system (NOTS).
Can someone file the report on my behalf?
Yes. The driver does not have to file Form SR 1 personally. It can be filed by the driver’s:
- insurance agent or adjuster,
- car accident lawyer, or
- any other designated representative.
This can be useful if you were hurt and are receiving medical attention.
Do I have to notify the police?
California law requires drivers who are involved in an accident to report it to the police within 24 hours if the crash caused any:
- injuries, or
- fatalities. [6]
However, this does not have to be done if a police officer:
- appeared at the scene of the crash, and
- made a written report of the accident.
Drivers can satisfy their reporting requirements if they notify the:
- local police department of the jurisdiction where the accident took place, or
- a police station of the California Highway Patrol (CHP).[7]
Note that accidents that only cause property damage must be reported to the DMV, but not to the police.
How long do I have to notify my car insurance company?
No California law requires you to report a car crash to your car insurance carrier. However, the terms of your auto insurance policy likely include a clause requiring that a report be made. This generally requires a report:
- within a reasonable amount of time,
- as soon as practicable, or
- immediately after the accident.
Failing to follow this requirement can lead your insurer to deny coverage if you make an insurance claim.
What if I fail to follow the accident reporting laws?
Failing to file Form SR 1 on time can lead to the DMV suspending your driver’s license.[8] This threat to a motorist’s driving privileges is very serious.
If the crash caused an injury or death and you fail to make a car accident report to the police, you can:
- be charged with an infraction, and
- given a traffic ticket.
What is the statute of limitations for filing a personal injury claim?
Many car accidents lead to personal injury claims. In California, the statute of limitations requires most claims related to car accidents to be filed within two years of the crash.[9]
Failing to invoke your legal rights after your car accident within this time limit can lead to your case being dismissed. A car accident attorney or personal injury lawyer from a reputable law firm can help you file a car accident claim within the correct timeframe.
Legal References:
[1] DMV website – Traffic Accident Report SR 1.
[3] Same.
[4] Same.
[5] Same.
[6] California Vehicle Code 20008 VC.
[7] Same.
[8] Form SR 1.
[9] California Code of Civil Procedure 335.1 CCP.