In California, auto insurance companies will sometimes report accidents to the California Department of Motor Vehicles (DMV). However, it is the driver who has the legal obligation to notify the DMV after a reportable collision, not the insurer. Your insurance agent may do this on your behalf and satisfy your obligation, particularly if you were hurt in the crash.
Insurance companies can notify the California DMV on your behalf
Auto insurance companies are not obligated to notify the DMV of a crash. However, insurance adjusters will generally notify the DMV on your behalf if you are unable to do so. This is often the case if you were hurt in the car accident.
You have legal obligations to report the car accident
In California, it is the driver who has the legal obligation to report a car crash. You generally have to report it to:
- the DMV, and
- law enforcement.
The DMV
The crash is a reportable accident to the DMV if it caused:
- $1,000 or more in property damage, or
- an injury or death.[1]
Note that this does not require the accident to be a multi-vehicle crash. It can involve a single vehicle and can even happen on private property.
You must make this report to the California DMV within 10 days. This is true, even if police arrived on the scene and wrote up a police report. To notify the Department you would use Form SR-1 (Report of Traffic Accident Occurring), which is available on the DMV website. California law requires all parties to the crash to file an SR-1 Report, regardless of who caused the accident. The Form asks for the following types of information:
- date and time of the accident,
- details about the scene of the accident,
- your driver’s license number,
- your vehicle license plate number or vehicle identification number (VIN),
- who provides your insurance coverage,
- other insurance information, like your policy number and the policyholder name,
- information about the other driver’s insurance company, unless it was a hit-and-run accident and they fled the scene, and
- details about any personal injuries or bodily injuries from the auto accident.
If you cannot file the report then someone can file it on your behalf, such as your:
- insurance adjuster,
- California car accident attorney, or
- any other designated representative, like your spouse.
The car accident lawyers at our law firm often handle the filing of the SR-1 Form. It can help clients focus on recovering from the vehicle accident, and making a mistake at this juncture can impact the upcoming insurance claim.
Law enforcement
You also have to report the crash to law enforcement whenever someone:
- got hurt in the crash, or
- died. [2]
You do not have to report it if a law enforcement officer:
- came to the scene of the crash, and
- made a written report of the accident.
If this did not happen, then you have to make the report. It must be made within 24 hours to either the:
- California Highway Patrol (CHP), or
- the local police department where the accident happened.[3]
You must show the police officer your:
- driver’s license,
- vehicle registration information,
- proof of financial responsibility, and
- current address.
You also have a contractual obligation to report it
California state law does not legally require you to notify your auto insurance company of a crash. However, the insurance policy generally will require you to report it. This policy is a binding contract. It generally requires you to report an accident:
- immediately,
- as soon as possible after it happens,
- within a reasonable amount of time,
- promptly, or
- within a specified number of hours.
Failing to comply with the terms of the policy can lead to your insurance company denying your claim.
Penalties for not notifying the DMV
According to the SR-1 Form:
“Untimely reporting could result in DMV suspending a driver license.”[4]
This threat to your driving privileges makes it extremely important to satisfy your reporting requirements. If you are counting on someone from your car insurance company to file the accident report with the DMV, make sure you have their contact information so you can follow up with them.
Note that, if you are an uninsured motorist, your license will get suspended if either:
- you report the accident and admit that you have no liability insurance on the SR-1 Form, or
- the DMV learns that you did not report the accident.
Additionally, if you were required to notify police of the accident, but failed to do so, you would:
- be charged with an infraction for failing to report the crash,
- receive a traffic ticket, and
- potentially face a penalty to your driving record.
Legal Citations:
[1] California Vehicle Code 16000(a) VC.
[2] California Vehicle Code 20008(a) and (b) VC.
[3] Same.
[4] Form SR-1.
