After being involved in a car accident in California, there are specific steps you must take to protect your well-being and legal rights. One of which is reporting the vehicle collision to the authorities. Aside from being a legal obligation, there are specific benefits to having a police report when claiming compensation for the damages of a crash.
This comprehensive guide will walk you through the step-by-step process of filing a car accident report in California, giving you the knowledge to confidently navigate the legal process after the crash.
When Should I File a Car Accident Report in California?
Deciding when to file a car accident report depends on the severity of the crash and the jurisdiction in your state. In California, you must notify the authorities of the crash under the following conditions:
- The accident led to injuries ranging from minor to severe for any individuals involved.
- The collision resulted in vehicle or property damages of $1,000 or higher.
- A wrongful death occurred as a consequence of the crash.
- If any drivers involved in the accident lack a valid license.
- If the responsible party leaves the scene of the accident.
- If any driver is operating a vehicle under the influence of drugs or alcohol.
Remember that when involved in a car accident resulting in injuries or damages, you may need to notify and report to several entities, including law enforcement, the Department of Motor Vehicles, and your insurance company. Each organization will have a specific deadline for filing a car accident report. However, it is best to report the accident as soon as possible, especially if injuries or severe property damage are involved.
How Long After a Car Accident Can You File a Police Report?
If a vehicle crash results in harm or property damage, it might be necessary to notify and report to several agencies; each may require you to file a California car accident report within a given timeframe.
- Law enforcement agencies: Under California Vehicle Code 20008, you must notify the authorities of the accident within 24 hours if there are any injuries or wrongful deaths. If you, the driver, are incapable of filing a report, the obligation shifts to any passengers present in the vehicle at the time. Furthermore, the responsible employee has five days to report an accident if the driver was in a corporate vehicle at the time.
- DMV: According to California Vehicle Code 16000, if the collision results in property damage amounting to $1,000 or more, injuries, or wrongful death, the DMV report must be filed within ten days after the crash.
- Insurance companies: You may need to file a car accident report depending on the specifics of your contract with your insurance provider.
Should I Report a Minor Car Accident?
In California, not all accidents need to be reported to the police. As per the DMV, it is permissible not to file a police report for a car accident if it leads to minor property damage of less than $1,000 and no bodily injuries resulting from the collision.
What Happens If I Fail to Report a Crash?
There may be legal consequences in California if you neglect to report a collision when required by law, including:
- Suspension of driving privileges until the report is completed
- Imprisonment for up to one year in cases involving minor car crash injuries
- Fines ranging from $1,000 to $10,000 for incidents causing minor or severe injuries or wrongful death
- Imprisonment for two to four years for accidents resulting in severe injuries or wrongful death
Following the state’s reporting guidelines is crucial to avoiding these consequences, depending on the incident’s severity and the surrounding circumstances.
How to File a Car Accident in California
You can follow several steps to file a California car accident report, depending on the agencies.
Law Enforcement
You must notify the California Highway Patrol or your local police department about the collision if there are any injuries, fatalities, or severe property damage (more than $1,000). Notify them of the accident by calling either the non-emergency hotline or 911.
The law enforcement officers will complete an accident report as soon as they respond to the scene. Provide them with accurate information and cooperate with their investigation.
Department of Motor Vehicles
You, an insurance agent, or a legal representative can only file a report to the DMV within ten days following the accident. To do so, gather the following information and submit it to the DMV office:
- The date, time, and location of the accident
- Your complete name and driver’s license number
- Your residential address
- Your vehicle registration details
- Your insurance company’s name and policy number
Additionally, you may require the other driver’s particulars, such as their:
- Date of birth
- Name, license number, and issuing state
- Vehicle license plate number and state
- Insurance provider details and policy expiration date
- Vehicle owner’s name and address
- Details of damages resulting from the crash
Finally, complete an SR-1 form and forward it to the nearest DMV field office, or submit it online at www.dmv.ca.gov.
Insurance Provider
Remember that the need to report a car accident in California to the insurance provider and the duration allowed to do this depend on the specifics of your contract. So, reviewing the terms and conditions before reporting the crash is best.
While it may be necessary to report the car accident to your insurance provider, hiring a California car accident lawyer is highly recommended before doing so. This is because, in most cases, insurance providers try to reduce the compensation by settling the case as quickly as possible without considering the total damages of the crash.
A car accident lawyer can assess the facts of your case, calculate the total damages, and negotiate with the insurance provider to maximize your payout.
Is a Police Report Necessary When Filing a Car Accident Claim
It is possible to seek compensation for the damages from the crash despite not having a California car accident report. While this document can expedite the legal process, it won’t take away your right to file a claim.
On the other hand, it can be helpful in some circumstances, such as when there is disagreement over who caused the collision or when there are significant damages or casualties. If there is no police report after a car crash, there may be suspicions about what caused it, particularly if there were significant injuries. You can get a reduced settlement if you don’t refute the other driver’s claim that your police record is missing. In certain unfortunate cases, your case can potentially be lost.
It is always a good idea to call the police and ask them to respond to the accident scene so they can examine it and fill out a report. This can give you an official record of the collision, which is helpful if you ever need to file a claim with the insurance provider or go to court.
What Is the Role of a Lawyer in a Car Accident Claim?
Legally, you can pursue an accident claim independently if the incident resulted in minor damages. However, seeking legal representation becomes pivotal when the collision leads to significant damage and presents complexities, such as the absence of a police report.
Failing to obtain a police report after an accident could diminish your claim’s strength, as the other driver’s insurance company may attempt to minimize your injuries and other losses. In such cases, it is crucial to justify the cause of your injuries with various types of evidence, including records of vehicle repair or replacement, medical diagnoses, treatment expenses, prescriptions, costs related to rehabilitation, and any requirements for sustaining your lifestyle due to a permanent disability.
Managing a case can become overwhelming, especially when dealing with injuries. Hence, having legal counsel is vital. A competent California car accident lawyer can assist you by comprehensively understanding the details of your accident, gathering additional evidence beyond the police report, establishing liability, calculating the appropriate settlement amount, safeguarding your rights, and representing you in court proceedings if necessary.
Why Choose California Car Accident Lawyers from Jacoby & Meyers
At Jacoby & Meyers, we are steadfast in our dedication to assisting victims of accidents in attaining the justice they rightfully deserve. Additionally, we are committed to serving our communities by facilitating access to essential medical care for those impacted by accidents. Our legal team has developed an efficient process to ensure you are well-informed about your legal rights and receive the justice you are entitled to.
Our team of devoted legal professionals delivers exceptional service by:
- Maintaining transparent and open communication throughout your case.
- Skillfully negotiating with insurance companies to secure fair and just compensation on your behalf.
- Assisting in coordinating appropriate medical treatments as recommended by your healthcare provider.
- Providing support for any other concerns related to your accident to alleviate your concerns.
- Safeguarding your legal rights by establishing liability, evaluating the extent of damages, and staunchly advocating for your claim.
We offer a free consultation where you can receive legal guidance from our experienced California car accident attorneys. To explore your legal options, please contact us at 800-500-0000.
Jacoby & Meyers. Because Everyone Deserves Justice.
Hear From Our Past Clients
While many legal firms make similar claims, we stand out by offering substantial legal assistance to our clients. To demonstrate this, we have invited our past clients to share their positive experiences with our legal service.
“First off, I would like to thank you for your hard work and patience over the past year and a half dealing with my troubled military records and the whole case in general! I didn’t quite get the million, but I am very pleased with the outcome! Please extend my gratitude to all the parties that invested time in my case!”
-Michael
Frequently Asked Questions
Do you have further questions regarding auto accident claims? We got you! Here are some frequently asked questions from injured auto accident victims that may help explain some aspects of your case.
- How to Take Photos in a Car Accident Scene
- How Do I Include Lost Wages in My Personal Injury Claim?
- What Are the Hit-and-Run Laws in California?
- What is the Average Settlement for a Spinal Cord Injury from a Car Accident?
- Can I File a Claim for an Accident Caused by Detached Tires?
Works Cited
“California Legislative Information.” California Vehicle Code 20008. Accessed 29 February 2024.
“California Legislative Information.” California Vehicle Code 20008.
“Section 16000.” California Legislative Information. Accessed 29 February 2024.
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