A reportable collision, put simply, is a motor vehicle accident requiring reporting to the relevant authorities, which are usually law enforcement or the Department of Motor Vehicles (DMV). In California, if you are in a motor vehicle accident, you must inform the DMV of the crash within ten days.

Whenever a collision is classified as reportable, it becomes the parties' responsibility to promptly contact the police or the appropriate law enforcement agency to make an official report about the incident. Moreover, the parties involved could find it necessary to complete a formal accident report under certain circumstances. This will help with insurance claims or legal matters.

Steps to Take When Involved in a Car Accident

In the event of a collision, it is important to take specific actions that prioritize your safety and aid in documenting crucial information necessary for reporting the incident:

  • Safety first — Your utmost concern should be ensuring the safety of yourself and your passengers. Immediately assess for injuries and promptly seek medical attention for anyone requiring it.
  • Calling for assistance — Contact the police or the appropriate law enforcement agency to report the collision. Their involvement will lead to proper documentation and the provision of necessary aid.
  • Exchanging information — Share contact and insurance details with the other drivers involved in the collision. Gather their names, phone numbers, addresses, driver's licenses, vehicle information, and insurance particulars.
  • Documenting the scene — Take photographs of the collision scene, the positioning of vehicles, damages sustained, and any pertinent road conditions or traffic signs. This visual evidence serves as valuable documentation for insurance claims and legal proceedings.
  • Gathering witness details — If there are witnesses to the collision, obtain their names and contact information. Their statements can be instrumental in determining fault or liability.
  • Avoiding admissions of fault — Avoid discussing or admitting fault at the scene. Authorities and insurance companies typically handle responsibility determination.
  • Seeking medical evaluation — Even if you initially feel unharmed, consider seeking a medical assessment after the collision. Certain injuries could not manifest immediately.
  • Complying with legal reporting requirements — Familiarize yourself with the specific reporting mandates. If the collision meets reportable criteria, timely submit the necessary reports to the Department of Motor Vehicles or relevant authorities.

Prioritizing safety and meticulously recording collision-related details ensure that essential information is readily available when reporting the incident. This approach streamlines the process and safeguards your rights and interests after a collision.

What are the Circumstances Under Which I Am Required to Report a Collision to the DMV?

Start with what a collision or an accident means. 

Legally, a collision or accident includes the following:

  • Motor vehicle collisions involving two or more cars making contact with one another, damaging the vehicles involved.
  • Crashes involving a motor vehicle hitting a stationary item like a sign, wall, pole, or fence.
  • When a motor vehicle collides with a pedestrian and causes injury or damage to the person involved.
  • When a passenger falls out of a moving car during the journey.
  • Instances where a vehicle overturns or flips without making contact with any other object or vehicle.

Reporting a collision to the DMV becomes mandatory under specific circumstances:

  • If the accident results in any injury to any person. A slight injury suffices.
  • If the crash results in the demise of another.
  • If the collision causes property damage to any vehicle or property estimated to be worth $1,000 or more.

Every driver involved in an accident must submit a report. This requirement remains applicable even in cases where accidents occur on private property. Additionally, you must submit a crash report to the DMV even if police officers arrive at the scene and write up their report.

If any of the above conditions are met, you must inform the DMV within ten days of the accident.

Timeline of Reporting the Accident to the Police

According to Vehicle Code 20008, if you find yourself in an accident as a driver, there is a requirement to report it to the police department in the event of:

  • Any injuries resulting from the accident.
  • Any deaths caused by the collision.

You must submit this report within 24 hours of the accident. Additionally, you can make the report to either the local police department or the California Highway Patrol.

However, these reporting rules do not apply when a law enforcement officer is present at the accident scene and prepares a written report. In these cases, the authorities report is a substitute for your report to the police. However, this exception does not apply when reporting the accident to the Department of Motor Vehicles (DMV).

Neglecting to report the accident to the police could result in legal consequences. You could be charged with an infraction and issued a traffic ticket. Adhering to these reporting requirements helps ensure you comply with the law. It also helps facilitate appropriate documentation for insurance purposes and possible legal proceedings.

Reasons Why You Should Report the Accident to the DMV

The DMV's reporting requirements have two primary objectives:

  • Monitoring driving history — By collecting and maintaining records of reported collisions, the DMV can effectively monitor the driving history of all drivers. This comprehensive data allows for tracking a driver's accident involvement and any patterns of unsafe driving behavior.
  • Identifying negligent operators — Using the Negligent Operator Treatment System (NOTS), the DMV relies on driving records to identify drivers who accrue sufficient "points" due to moving violations or criminal driving offenses. These points are assigned for actions, for example, running a stop sign or committing a DUI offense.

Should a driver accumulate a significant number of points within a designated period, for example, a one, two, or three-year period, the DMV has the authority to designate them as a "negligent operator." This designation holds serious consequences for the driver, potentially leading to suspending or revoking their driving privileges. The ultimate aim of NOTS is to identify drivers whose conduct suggests they could pose an increased risk on the road due to recurrent traffic offenses or unsafe driving practices.

If a driver is labeled a negligent operator, placing their driving privileges at risk, they can challenge this determination through a DMV hearing. During this hearing, they can present their case and contest the proposed suspension or revocation based on the available evidence and specific circumstances.

Moving Violations

Moving offenses, also called moving violations, refer to traffic infractions when a vehicle is in motion. According to traffic laws, these offenses involve behaviors or actions deemed unsafe or illegal. Examples include speeding or running a red light.

In contrast to non-moving violations, for example, parking violations, moving offenses entail actions that endanger the safety of fellow road users or disrupt the smooth flow of traffic.

Penalties for moving offenses often include fines, points added to the driver's record, and the possibility of license suspension or revocation, contingent on the gravity and recurrence of the violations.

Criminal Driving Offenses

Criminal driving offenses, also known as criminal traffic offenses, are grave violations of traffic laws. They are treated as criminal acts rather than minor infractions. These offenses exceed ordinary moving violations and can lead to criminal charges and significant legal ramifications. They include actions such as:

  • Driving under the influence of drugs or alcohol.
  • Hit-and-run incidents, and
  • Vehicular manslaughter.

When it comes to criminal driving offenses, the penalties are severe, and those found guilty of these offenses could be subjected to fines, probation, community service, mandatory driving courses, and the potential for imprisonment. The severity of the consequences largely depends on the gravity of the offense committed and the specific laws enforced.

Reporting a Collision

Reporting traffic accidents in California requires completing Form SR-1, the "Traffic Accident Report." This official form allows you to provide crucial details about the incident:

  • Identifying parties — Through the SR-1 form, you can furnish information about all parties involved in the collision, including their names, addresses, driver's license numbers, and insurance details. Additionally, the form captures the car registration plates and Vehicle Identification Number (VIN).
  • Injuries — It is mandatory to indicate whether the accident resulted in injuries on the form. This vital data aids in monitoring and evaluating the impact of traffic accidents on public safety.
  • Damages — The SR-1 form also necessitates specifying whether the property damages resulting from the accident exceed $1,000. Documenting captures the extent of property damage caused by traffic collisions.

California law, Vehicle Code 16000, mandates all parties involved in the accident to submit an SR-1 form, irrespective of who is at fault. This comprehensive approach ensures the maintenance of a precise and detailed accident record. This enables authorities to monitor traffic safety trends effectively and enforce relevant laws accordingly.

Does California Law Require Drivers to Report Accidents to Their Insurance Providers?

California law does not explicitly mandate that you report an accident to your insurance company. However, in most cases, insurance policies impose the obligation on policyholders to promptly report accidents once they occur. Failure to comply with this requirement within a reasonable timeframe can result in significant consequences, including the potential denial of coverage, particularly if you bear responsibility for the collision.

Insurance companies actively encourage the immediate reporting of accidents to facilitate the prompt initiation of the claims process. Additionally, reporting enables them to defend against any potential claims made by other parties involved in the accident.

Note: Regardless of whether you possess auto insurance, you must report any reportable accidents to the DMV. If the DMV discovers that you lack insurance coverage, it could proceed to suspend your driver's license. Moreover, the DMV retains the authority to suspend your license if it becomes aware that you neglected to report an accident.

DOT Reportable Accidents Under Federal Law

A DOT reportable accident under federal law is a motor vehicle collision that meets specific criteria established by the U.S. Department of Transportation (DOT) to report incidents. These criteria are outlined in the Federal Motor Carrier Safety Regulations (FMCSRs) and exclusively apply to commercial motor vehicles (CMVs) engaged in interstate commerce.

According to the DOT regulations, an accident is deemed reportable if it involves a CMV and satisfies any of the following conditions:

  • Fatality — If the accident leads to the death of any individual, regardless of whether they were occupants of the CMV or other involved vehicles.
  • Injury — Should the accident cause bodily harm to any person necessitating immediate medical attention away from the scene, like transportation to a hospital.
  • Disabling damage — If the accident renders a CMV inoperable, it must be towed away from the scene.
  • Towing — When a CMV is towed away from the accident scene due to damage, it is reportable.

The incident must involve a CMV to qualify as a DOT reportable accident. Commercial motor vehicles (CMV) include large trucks, buses, and other commercial vehicles that meet specified weight and passenger capacity thresholds.

DOT reports are typically submitted by parties involved in accidents, including drivers, companies, or carriers operating CMVs, and law enforcement agencies.

In the United States, motor carriers must generally file the DOT report within a specific timeframe, ranging from 24 to 48 hours post-accident. Nonetheless, it is imperative to corroborate the precise reporting deadlines by referring to the specific regulations of the pertinent transportation authority.

The content of DOT reports comprises several vital details, including:

  • Basic information — It entails the time, date, and location of the accident, offering a clear understanding of when and where the incident transpired.
  • Accident details — The report extensively describes the accident. It includes potential causes and contributing factors, allowing investigators and authorities to comprehend the collision's circumstances.
  • Property damage — Information concerning the extent of property damage resulting from the accident is recorded to gauge the financial ramifications of the collision.
  • Injuries and deaths — The report outlines particulars about injuries sustained by individuals involved in the accident and any fatalities.
  • Witness information — It includes witness statements and contact details, corroborating the events leading up to the accident and offering supplementary perspectives on the incident.
  • Law enforcement presence — The report could specify which law enforcement agencies were present at the accident scene and any actions they undertook.

Exceptions to California’s Reporting Rule

According to California Vehicle Code (VC) Section 16000, the reporting rule for motor vehicle accidents has exceptions. Specifically, particular scenarios are exempt from the mandatory reporting requirements:

  • Government-owned or leased vehicles — If the accident involves a motor vehicle owned or leased by, or under the direction of, the federal, state, or local governments or agencies, there is no obligation to report the accident to the DMV.
  • Lack of reporting by any party — If none of the parties involved in the accident reports the incident to the DMV within one year from the accident date, the DMV is not required to file a report on the accident. Consequently, the driver's license suspension requirements do not apply if the accident remains unreported to the DMV within the designated time frame.

While these exceptions apply to specific situations mentioned, they do not absolve parties from reporting obligations in serious accidents involving injuries, fatalities, or significant property damage. In these cases, the standard reporting requirements still apply. The parties involved must report the accident to the DMV within the required timeframes.

Pursuing a Personal Injury Claim Following a Car Accident

Should you decide to pursue a personal injury claim following an accident, it becomes essential to be well-informed about the legal deadlines applicable to your case. Under California law, the statute of limitations for filing a lawsuit based on negligence is governed by the California Code of Civil Procedure Section 335.1. This statute establishes a specific two-year deadline, starting from the date of the accident or injury. You must initiate legal proceedings to seek compensation for any harm caused by negligence within the legal timeline.

Negligence is a crucial legal concept for establishing fault in numerous personal injury cases, including those from car accidents. In situations where someone's negligence results in an accident, leading to injuries or harm to another individual, the injured party retains the right to pursue compensation through a personal injury claim.

Adherence to the two-year deadline set by the statute of limitations is paramount. Failure to file a lawsuit within this prescribed timeframe can make your claim time-barred. This means you forfeit the right to pursue legal action and seek compensation for the injuries sustained. Once the statute of limitations expires, the court typically dismisses any lawsuit filed after the deadline. This will leave you with a lost opportunity to hold the negligent party accountable.

Contact a Personal Injury Attorney Near Me

If you believe you have grounds for a personal injury claim arising from a car accident, seek assistance and guidance from an experienced personal injury attorney. A competent attorney can thoroughly assess the specific circumstances surrounding your case, assist in collecting relevant evidence, and provide invaluable guidance throughout the legal process, including reporting the incident. This ensures compliance with all required deadlines and safeguards your rights while pursuing equitable compensation for the injuries and losses incurred.

Call the Los Angeles Personal Injury Attorney today at 424-231-2013 for more information.