Reportable Collision Lawsuit
What is a Reportable Collision Lawsuit?
The DMV requires motorists to report a reportable collision if it is a traffic accident. If there is $1,000 or more in property damage, a person is injured, or a person dies in an accident, a person must notify the DMV within ten days.
Police must also be notified in similar circumstances. When someone is injured or killed in a collision, Vehicle Codes 20008 and 16000 require that police be notified. Infractions of this statute result in tickets. It is the DMV's reporting requirement that allows it to monitor the driving history of all drivers to determine whether any are negligent.
DMV forms SR-1 are used to report traffic accidents. A driver is not required by California law to notify his/her insurance company after an accident.
Reporting a Collision
California requires drivers involved in accidents to report them to the DMV (a reportable collision) when: there was property damage of $1,000 or more, there was injury (however slight), and there was death.
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Among the various types of accidents and collisions are: two or more cars colliding, a vehicle striking a pedestrian, a vehicle hitting a fixed object (such as a pole or sign), a car overturning or flipping without hitting or striking anything, and a passenger of a car falling from the vehicle.
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A report must be filed by every driver involved in an accident. In addition, a driver must file this report within 10 days of the collision. It is even required to notify the authorities if the accident took place on private property.
Report Collision to Police
Vehicle Code 20008 states that a driver involved in an accident must report it to the police if they were injured or killed.
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Within 24 hours of the accident, the report must be made to either the California Highway Patrol or the local police department.
In this case, patrolmen or police officers do not need to comply with these rules, as long as they prepare a written report of the accident.
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The police report makes up for a driver's police report in this case. In the case of a DMV report, this is not true. An individual who fails to report an accident to the police can be charged with an infraction and issued a traffic ticket.
The Importance of Reporting Collision
DMV reporting requirements exist in order for the DMV to monitor the driving histories of all drivers, so that it can determine if any are negligent.
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If a driver gets enough "points" on his or her driving record, the DMV can declare him or her a negligent operator. DMV records include points for such things as moving violations (e.g., running a stop sign - in violation of Vehicle Code 22450 VC) and criminal driving offenses (e.g., breaking a California DUI law).
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If someone earns enough points within a year, two years, or three years, the DMV can revoke or suspend the person's driving privileges.
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The suspension or revocation of a driver's license can be challenged at a DMV hearing.
How To Report Collision
Form SR-1.5 is used by drivers to report traffic accidents to the DMV. The form allows a driver to identify the parties involved, to communicate if there were any injuries, and to indicate whether the damages were more than $1,000. A SR-1 must be filed by all parties involved in an accident in California. Regardless of who caused the accident.
Report Collision to Insurance
An accident is not required to be reported to an insurance company in California.
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Nevertheless, most insurance policies stipulate that drivers should report accidents as soon as possible after they occur.
The insurance company can deny coverage to the insured if no report is made within a reasonable time, and even if the insured was at fault.