Reportable Collision – When must accidents be reported to DMV?

A reportable collision is a traffic accident that you are legally required to report to the DMV. In California, if you are involved in a motor vehicle accident, you must notify the DMV within 10 days if (1) there was property damage of $1,000 or greater, (2) someone is injured, or (3) a person dies in the accident.

Similar reports must be made to the local law enforcement agency. Vehicle Codes 20008 and 16000 require you to report it to the police when someone was injured or killed. A violation of this statute is an infraction that results in a ticket.

The DMV’s reporting requirement exists so that the Department can:

1. monitor the driving history of all drivers, and
2. do so to determine if any are negligent operators.

Motorists report a traffic accident to the DMV via a Form SR-1.

Note that California law does not impose any requirement for you to report an accident to your insurance company.

Our California car accident attorneys will discuss the following in this article:

• 1. When must I report a collision to the DMV?
• 2. When must I report an accident to the police?
• 3. Why is it necessary to report a collision to the DMV?
• 4. How do I report an accident?
• 5. Do I have to report a collision to my insurance company?

1. When must I report a collision to the DMV?

If you are a driver involved in an accident in California, you must report it to the DMV (a reportable collision) when:

1. it caused property damage of $1,000 or greater,
2. it caused an injury (however slight), and
3. it caused the death of any person.¹

An “accident” or “collision” includes any of the following:

• two or more cars making contact with one another,
• a vehicle striking a pedestrian,
• a vehicle hitting a fixed object (like a pole or sign),
• a car overturning or flipping without hitting or striking anything, and
• a passenger of a car falling out of the vehicle.

Every driver involved in the accident must make a report. Further, you have to make this report within 10 days of the collision. Notice of the accident is even required if it took place on private property.²

Example: Carlos is driving through a neighborhood. He takes a turn at a fast speed and he bounces off a curb, causing the car to flip up in the air. It lands upside down on the front yard of someone’s property. No one is hurt, but Carlos’s auto is badly damaged.

Here, Carlos would have to report the accident to the DMV. While nobody was hurt in the incident, the car was damaged in excess of $1,000. This report still has to get made despite the accident happening on private property. Note that if another driver caused Carlos’s vehicle to flip, and not the curb, then that driver would also have to make a crash report to the DMV.

Note that you still have to submit a DMV crash report even if the police show up at the scene and write their own report.

2. When must I report a collision to the police?

According to Vehicle Code 20008, if you are a driver involved in an accident, you must report it to the police department when:

1. the crash resulted in any injuries, or
2. the collision caused any deaths.³

This report must be made within 24 hours of the accident and it can be made to either:

• the California Highway Patrol, or
• the police department of the city where the accident took place.⁴

Note that these rules do not apply if a patrolman or law enforcement officer:

1. comes to the scene of the accident, and
2. prepares a written report of the crash.

Here, the report made by the authorities serves as a substitute for your report to the police. However, this is not true with regard to a report to the DMV.

Example: Beth and Ryan get into a traffic accident. A police officer arrives at the scene. He gathers information and prepares an official report.

Here, Beth and Ryan do not have to make their own report to police to satisfy VC 20008. Though they both have to still report the incident to the DMV.

Note that if you do not report an accident to police, then:

1. you can be charged with an infraction, and
2. hit with a traffic ticket.

3. Why is it necessary to report a collision to the DMV?

The DMV’s reporting requirements exist so that it can:

1. monitor the driving history of all drivers, and
2. do so to determine if any are negligent operators.

Under the negligent operator treatment system (NOTS), DMV can declare you a “negligent operator” if you get enough “points” on your driving record. You will receive points on your DMV record for such things like:

• moving violations (such as running a stop sign – in violation of Vehicle Code 22450 VC), and
• criminal driving offenses (such as breaking a California DUI law).

The DMV can do the following if you earn enough points within a 1-, 2- or 3-year period:

1. declare you a negligent operator, and
2. suspend, or even, revoke, your driving privileges.

Note that you can challenge a suspension or revocation at a DMV hearing.

4. How do I report a collision?

You report a traffic accident to the DMV via a Form SR-1.⁵

The form allows you to:

• identify the parties involved,
• communicate whether any injuries were involved, and
• indicate if any damages were greater than $1,000.

California law says that all parties to an accident must file an SR-1. This is true no matter who caused the collision.⁶

5. Do I have to report a collision to my insurance company?

California law does not require you to report an accident to an insurance company.

But most insurance policies state that you should:

• report an accident,
• soon after it happens.

If no report is made in a reasonable time, then:

1. the insurance company can deny coverage to you, and
2. do so if you were responsible for the crash.

Insurance companies encourage reporting so that they can start defending a claim.

Note that if you do not have auto insurance, you are still required to report reportable accidents to the DMV. The DMV may suspend your driver’s license when it discovers you have no insurance. Though the DMV would suspend your license anyway if it finds out that a crash went unreported.

For additional help…

For additional guidance or to discuss your case with a California personal injury attorney, we invite you to contact us at Shouse Law Group. Please also see personal injury lawyers’ articles on steps to take after a car accident in California and Can you file a police report days after an accident?

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