Determining if, when, and how to report a car accident in California can be a difficult thing to do—especially if you're dealing with the stress of living through a crash. Is there enough damage to bother with a report? Is anybody hurt to the point they're likely to need medical attention? What if the other people involved don't want to report the accident? The information below is designed to help you understand not only how to report a car accident in California but when you're legally obligated to make that report and when you should do so to protect yourself. And believe me, as a personal injury attorney in California, I know when making that dreaded report can make the difference between a smooth and uneventful recovery process and a messy one.
When you've been in a car accident it can instantly throw your life into chaos. You feel like you have to do a hundred things at once while trying to deal with the emotional and mental trauma of the car wreck on top of the pain and suffering associated with any injuries you've experienced. But accident reporting is an essential step in the financial recovery process. In fact, the reporting process is so essential that it's often legally required in California. That's right, in certain instances, when you fail to report a car accident in California you could be facing criminal charges! You don't need the added stress of fines and a possible court battle on top of your property damage, personal injury, and lost time from work.
But if you're confused about when (or if) you have to report a car accident, or to whom you must report that crash, we're here to help. Below you'll find a helpful guide explaining your rights and obligations concerning reporting car accidents in California.
Every state has different thresholds for when car accidents must be reported to local authorities (like the LAPD, CHP, or county cops) and regulatory agencies like the Department of Motor Vehicles. In California, several regulations govern when a driver must report an accident. They can get confusing if you read them in their entirety, so let's boil them down to their most useful and concise forms.
As a general guideline you must report car accidents in California when:
But it's not enough to know whether or not you are legally required to a crash, you must also know how to report a car accident in California. And that can get tricky as well because simply calling the cops is not likely enough. Indeed, when you're involved in a reportable accident in California, you'll often have to file a report with various agencies. Who you must report a crash to will vary given the specifics of your case but, generally, those agencies may include:
Sometimes you're required to report the accident to all of the above agencies. And you don't have an unlimited amount of time to report that crash before the consequences become very real. Indeed you must report a car accident in California within 10 days or else your driving privileges may be revoked.
Remember, when it's your responsibility to report a car accident in California. Never rely on the other parties involved.
California has state-specific laws requiring when and how you must report a car accident to the police. In addition, some localities have local laws (at the county level, for instance) that must be followed as well. Generally you must report accidents to your local police department if:
Determining how to report a car accident in California to the police depends on the circumstances of the crash.
For example, you must report an accident by calling 911 if anybody is injured (even minor injuries) in the collision. Doing so allows emergency responders (trained professionals) to determine what sort of response your accident requires (ambulance, fire truck, just a squad car, etc.).
You must also report the crash via a call to 911 if anyone is intoxicated at the time of the crash. This allows the local police agency to arrive on the scene and investigate the crash to determine if any criminal charges will be filed in the crash.
If nobody is injured, but the other driver doesn't have a license to operate or flees the scene of the crash, the accident should be reported by calling your nearest police station via the non-emergency contact number or your local PD's helpline (for example LAPD's is 1-877-ASK-LAPD).
The person who fled or was operating without a valid license will likely be facing criminal charges or—at least—fines whether or not they are deemed to be at-fault for the initial crash.
Both operating a motor vehicle without a valid license and fleeing the scene of an accident are crimes under California law.
Don't need 911 but don't know the number for the local agency in charge of the area in which your accident occurred? Here is a comprehensive list of the police departments and law enforcement agencies in California with contact information included.
Police reports aren't guaranteed—even if the cops show up at the scene of your accident. Indeed, depending on the circumstances surrounding the crash, police investigators may or may not file a police report. This depends on several factors including locality, damage amount, the involvement of any criminal activity, etc.) However, If a report is filed, one of the first things you should do is retain a copy of that report. This will become invaluable information to have handy when you begin the financial recovery process.
If the dollar amount of the property damage caused in the crash is below $1,000 and there haven't been any injuries, you don't have to report the accident to the police. You can simply exchange contact and insurance information with the other party involved and follow up with your insurance company at a later date.
However, be wary. If you're not a professional auto mechanic you may not be qualified to generate an accurate estimate of how much damage was caused. As a general rule of thumb, if there is any body damage at all (broken bumper cover, dented side panel, smashed grille) the cost of getting that damage repaired professionally is likely well over $1,000.
It's always best to capture the name, contact info, license plate number, and insurance info of every party involve in a crash immediately just in case you need it at a later date. Waiting until hours or days after the accident can result in the other individuals vanishing into thin air. If that happens, your course of action may be limited to attempting to get compensation from your own insurance policies—which will almost surely result in an increased premium in most cases.
If there are no injuries involved in the crash and the repair/replacement costs of having your vehicle fixed are low, you may wish to forego contacting the insurance company after a car accident. Accidents will be recorded on your record and may affect the premium you must pay in order to get or keep an insurance policy.
However, if the accident was caused by another driver, if there were any injuries at all, or if the damages exceed what you're comfortable paying out of pocket you should report your accident to your insurance company.
But what if a reckless or distracted driver caused the crash?
You should still report the accident to your insurance company. At the scene of the accident you should have collected the contact an insurance information for any drivers involved in the wreck. You will give that information to your insurance agency and they will assign an agent to get in touch and negotiate with that driver and/or their insurance company.
If the other driver's policy covers the crash, that policy will pay your expenses and your insurance will not be affected. If that driver doesn't have insurance or their policy limits won't cover all of your expenses, your insurance may kick in and pay the remainder (that's why it's always recommended to purchase uninsured/underinsured driver insurance).
It's also a good idea to call the other driver's insurance agency to see if an accident has been reported to them—never rely on the other driver to self-report their crashes.
You can report an accident to your insurance company simply by calling the contact number (usually a 1-800 number) listed on your insurance documentation. Some insurance companies even have mobile apps through which you can report and document crashes. (Here are more ways your cellphone can help after an accident.)
Don't have your insurance documentation handy at the scene of the crash? Here's a shortlist of contact information for some of the most commonly used auto insurance companies in California.
California law requires that motorists must report a car accident to the DMV within 10 days if:
While you will hopefully never be involved in a fatal car accident in California, even a relatively insignificant "fender bender" can cause well over $1,000. Modern cars are made from plastics and those plastic parts can cost a whole lot more than you might realize to repair or replace.
For example, something as simple as having a rear bumper cover replaced can cost well over $3,000. Replacing a taillight assembly can run upwards of $1,200. It's always best to err on the side of caution and report any accident where any damage is caused to any vehicle involved.
But how do you report a car accident to the DMV? It's fairly simple. You just need to fill out Form SR-1 (entitled "Report of a Traffic Accident Occurring in California"). You can fill the form out yourself. Your insurance agent can do so. Or, if you have suffered serious injuries, your car accident lawyer can do so. The important this is that the form is filled out and submitted within the 10-day grace period.
You can do it the old fashioned way and find a DMV office near you.
But to expedite the process, we recommend you get the SR-1 form online here. - Note that if you are making a claim for personal injuries, your insurance carrier will often handle thie process for you.
Sometimes reporting your car accident to the police or the insurance company isn't enough to get you the compensation you deserve. Police investigators are often primarily concerned with criminal cases while insurance companies may offer policies that simply aren't adequate to cover all the expenses you might incur during and after a car accident. In cases such as this, you can report your car accident to a lawyer and get legal help pursuing financial compensation from at fault parties via a personal injury claim.
You may find yourself in need of a good car accident attorney if:
In cases such as this, a car accident attorney will function as your advocate and deal with police investigators, insurance adjusters, hospital billing departments, and more to ensure you get the compensation you truly deserve.
And, if your case does eventually make it to court, your personal injury attorney will be able to represent you (and your financial interests) to present your need logically, provide a jury with all the evidence it needs to demonstrate liability, and expedite the legal process to wrap things up successfully.
Car Accident Client
"I was struck by someone who ran a red light. Busted my knee, almost totaled my brand new car, and brought me a lot of troubles. After negotiating with an adjuster and being offered $200 bucks as compensation for my knee pain. I decided I needed a lawyer. I am so glad I contacted Sally Morin Personal Injury Lawyers. I am 100% satisfied with the way I was treated and the outcome of my case."
Learn more about what to do after an accident.
Even if the accident you're involved in is relatively minor, reporting it is essential. Doing so:
There's one very important thing to remember: simply reporting an accident doesn't involve you admitting any fault (something you should never do in front of other involved parties or insurance company representatives). This is important. A simple report will not necessarily affect the insurance premiums you pay, nor will it require the involvement of any lawyers.
However, if you've been seriously injured in the car wreck—suffering broken bones or any injury requiring surgery—you should seek out a focused and experienced car crash lawyer pronto! For an IMMEDIATE and FREE case evaluation online, click the red button below.
So if you've been in a car crash, don't hesitate to report that accident. Reporting the accident should be done regardless of whether or not you might need a personal injury attorney for your car accident case. It may seem like a headache now but doing so will make your recovery process much easier.