While car accidents are relatively common, most of us do not anticipate being involved in one. Consequently, we are often unsure about the necessary steps to take after a crash. California law mandates the reporting of most car accidents to the Department of Motor Vehicles (DMV), and it is highly advisable to also inform your car insurance company about the incident. In this article, we will thoroughly explore the subject of reportable collisions.

Understanding Reportable Collision

An accident that you're legally obligated to report to the State's DMV is known as a "reportable collision." If you are involved in a car accident in California, it is important to note that you have 10 days to inform the DMV if the accident results in property damages worth $1,000 or more, if someone is injured, or if someone is killed.

Similar reports should be filed with the local police department. You should notify the authorities under California VC 20008 and VC 16000 if someone suffered an injury or passed away. A breach of this law is an offense leading to a ticket's issuance.

The purpose of the DMV reporting requirement is to enable the Department to:

  • Monitor each driver's past driving behavior.
  • Find out if there are any negligent motorists.

When an auto accident occurs, motorists fill out DMV Form SR-1 to notify the department. Keep in mind that there is no duty under California law for you to notify your insurance provider of an accident.

When To Report A Collision To The DMV

If you're a motorist involved in a California car accident, you need to report the reportable collision to the state's DMV if:

  1. It resulted in property damage worth $1,000 or more.
  2. It caused injury, even if it was only minor.
  3. It led to someone's death.

A "collision" or "accident" comprises any of the following:

  • Multiple vehicles colliding with one another.
  • A vehicle hits a pedestrian.
  • An automobile crashes onto a fixed object, such as a sign or a pole.
  • A vehicle tipping over or overturning without striking anything.
  • A passenger in an automobile falls out of a moving vehicle.

Every motorist who was involved in the collision is required to file a report. Furthermore, you have ten days from the collision to submit this report. Even if the accident happened on private land, notice of it must be given.

Assume that you're driving through a residential area and suddenly take a sharp bend and bounce off the curb, causing the vehicle to flip up. It crashes to the ground upside down in someone's front yard. Nobody suffered an injury, but your vehicle is severely damaged.

In this case, you will have to notify the DMV of the crash. No one suffered injuries in the event, but the car had damage that exceeded $1,000. Even though the accident took place on private land, a report needs to be filed. The motorist would also need to file a crash report with the DMV if he or she was the one who caused the car to flip over instead of the curb. If law enforcement arrives at the site and creates their report, you still need to file a DMV collision report.

Report a Collision to Law Enforcement Officers

Under VC 20008, a driver who is engaged in a crash needs to call law enforcement when:

  • Any injuries sustained as a result of the collision.
  • Any deaths as a result of the collision.

The report must be filed with either the local police force or the California Highway Patrol within twenty-four hours of the collision. It could be filed with either agency. If patrolmen or other law enforcement officers arrive at the accident scene and document it in writing, these regulations are not applicable. In this case, the authorities' report acts as an alternative to your accident report. This isn't the case when filing a DMV report.

For instance, a police officer on the scene of a traffic collision will gather details to create an official report. Here, you don't have to reach out to law enforcement on your own to meet VC 20008. Even so, they both still need to let the DMV know about the accident.

It is important to note that failing to report a crash to law enforcement agencies can result in being convicted of an infringement and issued a traffic ticket.

Significance of Reporting an Accident to the California DMV

The reporting rules are in place to ensure that the DMV can track each motorist's driving history and use that information to identify any irresponsible drivers.

If you accumulate several "points" on your driver's record, the DMV could designate you as a "negligent driver" under the Negligent Operator Treatment System (NOTS). The following actions will result in points being added to your driving record at the DMV:

  • Traffic infractions such as disregarding a stop sign, which is against VC 22450.
  • Driving crimes such as violating the DUI laws.

If you accrue enough points throughout one, two, or three years, the DMV could:

  • Declare you to be a negligent motorist.
  • Your license could be suspended or revoked.

You can request a hearing at the DMV to contest a suspension or revocation of your driver's license.

How To File A Collision Report

A traffic collision is reported to the DMV using Form SR-1.5. This form enables you to:

  • Determine the individuals involved.
  • Indicate whether or not any injuries were sustained.
  • Indicate whether any damages exceeded $1,000.

All parties involved in an accident are required by California law to submit an SR-1. This applies regardless of the party responsible for causing the accident.

Do I Need To Notify My Insurance Provider About the Collision?

According to California law, you are not required to notify your insurance provider after an accident. However, the majority of insurance policies stipulate that you must report a collision as soon as it occurs.

The insurance provider could decline to provide you with coverage if the collision report is not submitted within a reasonable amount of time, even if you caused the accident. Insurance providers promote reporting to ensure that they can get started on a claim defense.

It should be noted that even without motor insurance, you must notify the DMV of all reportable accidents. If the DMV finds out you don't have insurance, they could suspend your driving license. However, if the Department of Motor Vehicles discovers that an accident was not reported, it will suspend your driver's license.

Department of Transportation (DOT) Reportable Collisions Under Federal Law

A car collision has to satisfy certain criteria to be reported to the Department of Transportation (DOT). According to the Electronic Code of Federal Regulations 390.5T, a collision involving commercial vehicles should be reported if any of the following apply:

  • Someone is hurt and needs to get medical attention right away.
  • One of the accident-related vehicles needs to be towed away.
  • The incident results in the loss of life.

In this situation, there are specific rules for reporting incidents involving commercial motor vehicles (CMVs) that fall under the jurisdiction of the Federal Motor Carrier Safety Administration (FMCSA), which is a branch of the Department of Transportation. Examples of such CMVs include big-rig trucks.

FMCSA standards state that the following are typically involved in a DOT-reportable collision:

Fatalities

Regardless of who is to blame, each collision involving a commercial vehicle that causes the deaths of one or more individuals should be documented.

Injury

An accident can be deemed reportable if one or more victims need emergency medical assistance away from the crash scene or are treated elsewhere after the accident. Each state could have different standards for reporting sustained injuries.

Towing

If a commercial motor vehicle must be towed from the scene of the collision because it has been damaged, this is usually considered a reportable collision.

Disabling Damage

Any collision that causes a vehicle to sustain debilitating damage that necessitates having it towed away from the accident scene or using other methods should typically be reported

DOT Reports

All parties affected by a collision, including drivers, businesses, or carriers that operate CMVs, along with law enforcement authorities, often file a DOT report. The specific reporting standards and methods may vary depending on the location or jurisdiction.

Motor carriers are typically required to submit their crash reports within a specified deadline, which usually ranges from twenty-four to forty-eight hours after the accident. To determine the exact reporting deadlines, it is crucial to refer to the requirements set by the relevant transportation authority.

The Information Included in a DOT Report

The Federal Motor Carrier Safety Administration (FMCSA) requires accident reports filed with the DOT to include the following information:

  • The date of the accident.
  • Where it happened, including the closest town or city.
  • The identity of the involved motorist.
  • The number of individuals injured or killed in the car crash.
  • If the incident resulted in the spillage or emission of any other hazardous elements besides fuel.

The FMCSA tracks and supervises motor carriers and their motorists using thorough accident data. If a commercial driver or motor carrier is safe and secure enough to continue operating on the roadways with other motorists, the FMCSA can analyze the crash reports to make that decision.

The Objective of a DOT Report

A DOT report's objective is to assist in determining the safety ratings of commercial trucking firms. Every driver is subject to a point system in the majority of states. Several driving violations can lead to the addition of points to your driver's license. Your driving privileges could be suspended if you earn too many points within a predetermined period.

The DOT runs the same system for trucks and trucking firms. There are some accidents that trucking companies must report to the DOT. If their accident incidence rate is too high, they could be subject to a variety of consequences, including sanctions.

Unlike most driving violations for individuals, most trucking businesses operate over state lines, therefore, their logs are monitored at the federal level as opposed to the state level.

If a Commercial Motor Vehicle Accident Caused Your Injury

If you sustained injuries in a commercial vehicle accident, the party at fault could be obligated to compensate you for your losses.

Based on the circumstances of your incident, the following parties could be held liable:

  1. A driver of a commercial vehicle.
  2. The firm that hired the commercial vehicle driver.
  3. A negligent part manufacturer or mechanic.
  4. A negligent municipal entity.
  5. Other parties who may be held accountable.

A DOT report could be used to support the liability of the party at fault in your situation. Other forms of evidence could include:

  • A police report about an accident.
  • Videos, pictures, or dashcam video recordings taken at the accident scene.
  • Witnesses' testimonies.
  • Your medical record.
  • Testimony based on evidence from accident reconstruction.

Damages that Can Be Recovered in a Car Accident Case

The recoverable damages in an automobile accident lawsuit could consist of the following items, based on the nature of your crash, your injuries, and the state's personal injury laws you're filing in:

  • Cost of the ambulance ride and any subsequent emergency medical care.
  • Future and current medical treatments, therapies, and medications for injuries sustained in the accidents.
  • Lost wages during the time that your injuries forced you to stop working.
  • Damage to property.
  • Reduced capacity for earning.
  • Suffering and pain.
  • Disability.

The following are just a handful of the types of damages you could be able to recover following an accident. The details of your claim will determine the specific compensation for which you are eligible. A professional personal injury attorney can review the incurred costs and advise you on the total value of the compensation you are entitled to.

If your loved one was killed in a collision involving a commercial vehicle, you can be eligible for additional compensation in a wrongful death claim.

How a Personal Injury Attorney Can Help

A lawyer who specializes in vehicle accidents could be able to defend you in a wrongful death or personal injury case. This could allow you some space and time to yourself while your attorney fights for your right to compensation.

An attorney can do the following:

  • Manage your case, settlement talks, or insurance claim.
  • Handle all discussions with insurance providers, lawyers, and any third parties involved on your behalf.
  • Organize your case's documents, such as a DOT accident report and legal deadlines.
  • Investigate the incident to determine who is at fault.
  • Gather proof of their responsibility and the magnitude of the damages.
  • Negotiate a settlement with the liable party's insurance provider that takes your claim's value into account.
  • If a reasonable settlement offer isn't made, they can take the case to court and present it to a judge or jury.

The Cost of Legal Counsel

In these circumstances, most individuals would choose to have a legal professional represent them. However, the associated costs deter many people. While it's evident that many attorneys demand high fees for the services they provide, this isn't often the case for all personal injury attorneys.

Most personal injury attorneys take cases on a contingency basis. Clients don't have to pay legal costs under this structure until and unless they win the case and obtain compensation in the form of a court award or settlement offer. Once a client receives payment, their attorney's fees will be deducted at a pre-determined percentage immediately from the reimbursement.

Clients can have peace of mind knowing that their attorneys will make every effort to make sure they receive the maximum compensation for their claims thanks to this payment method. In general, clients who work with personal injury attorneys get much better settlements compared to individuals who represent themselves. These clients frequently retain considerably better financial standing even after their lawyer has taken their fee.

Are Police Reports and Crash Reports the Same Thing?

Despite their similarities, police reports and crash reports serve different purposes. Police reports are necessary if an offense has been perpetrated, and they could be relied on if the accident led to the loss of life or if a motorist was under the influence, to name a few.

Reports from the police and other accident investigation agencies are crucial in a car collision case. They provide a legitimate, trustworthy, and credible account of the car collision that is frequently cited and believed in the courts if either party decides to pursue legal action.

Personal injury attorneys may find police reports quite useful in settlement discussions. In some cases, they may also serve as proof to establish that the other party is to blame, though it's not always straightforward.

Why Is The DMV Notified When There Is A Traffic Collision?

The California DMV, without a doubt, works as "Big Brother" by keeping track of all motorists' driving records. Under California law, all "reportable" traffic accidents should be promptly recorded with the DMV. The two main reasons behind this practice are:

  • Allows the California DMV to keep track of each driver's driving record to assess whether or not they are negligent motorists.
  • Allows the Department of Motor Vehicles to verify that all drivers adhere to California's Financial Responsibility Law by requiring them to carry liability car insurance.

Find a Los Angeles Personal Injury Attorney Near Me

If you have been injured in a car crash that has been deemed a reportable collision, you may potentially encounter legal challenges. At The LA Personal Injury Law Firm, our team of lawyers specializes in defending victims of car accidents in Los Angeles, California. We have a comprehensive understanding of both federal and state regulations regarding auto accidents. We are not afraid to take on large businesses or organizations whose staff may have caused harm to you. Feel free to contact us at 310-935-0089.