When you are in a vehicle accident, it helps to know what to do right after the accident to prevent making a mistake that could make filing a personal injury claim difficult. You should know when and how to file a report with the police and the Department of Motor Vehicles (DMV). A collision must be reportable for you to file a report with the DMV. It means that it has to satisfy the criteria the DMV has given for reportable collisions, including the following:

  • It must have resulted in an injury.
  • It must have resulted in property damage valued at at least $1,000, or
  • It must have resulted in someone’s death.

If the accident you are in results in any of those, you must inform the DMV about the accident within ten days. You must also follow specific criteria when reporting the accident to the department, the police, and the insurance provider.

These requirements can be confusing and difficult to understand, but a skilled personal injury lawyer can assist you. Your attorney will also ensure you file a personal injury claim within the required period to receive the compensation you deserve after the collision.

Understanding a Reportable Collision

Several laws are in place to guide motorists on what they must do and not do following a vehicle collision. For example, in an accident, you should stop, offer help, share your information with the other drivers involved, help the injured, and notify the police and the DMV. All these laws ensure that the right processes are followed to avoid criminal charges and civil liability. They also ensure that those who incur damage in vehicle collisions receive the compensation they deserve.

Reporting an accident to the relevant authorities is crucial for motorists involved in vehicle collisions. It is necessary to know where to report the crash, the kind of collisions you should report, when and how to make that report, and what to expect after reporting the collision. The police, DMV, and insurance companies have provided guidelines on how and when motorists should report accidents. For example, you must report a vehicle accident within 24 hours after it has happened.

If possible, you must notify the police immediately after the accident occurs. The police respond to accident scenes immediately after they receive that kind of report. Once at the location, they can interview the people in the accident and eyewitnesses and gather crucial evidence that could help determine the cause. A police report is an essential piece of evidence that you can use to support your claim if you intend to file a civil lawsuit after a vehicle collision.

Every report you make after a vehicle collision is crucial. The one you should make to the DMV is important as it notifies the department of the kind of accident you are in, whether minor or severe. Thus, a reportable collision is a vehicle accident you must legally report to the DMV. You must make this official report within ten days after the accident if it resulted in the following:

  • Someone else’s death.
  • Someone else’s injury, or
  • Property damage valued at at least $1000.

If the accident only results in minor vehicle damage, you are not legally required to file a report with the DMV. But you can notify your insurance provider if you intend to compel them to pay for the vehicle's damages. The DMV relies on these reports to monitor your driving history and determine whether you are negligent.

A collision or accident is any mishap that includes:

  • A collision between two vehicles or more.
  • A vehicle knocks down a pedestrian.
  • A car hits a static object, for example, a sign or pole.
  • A vehicle flips or overturns even without striking or hitting a person or object.
  • A passenger falls out of a moving vehicle.

When to Report a Reportable Collision

After a vehicle accident, it is necessary for you first to determine whether the collision satisfies the requirements of a reportable crash. You must follow the proper reporting procedures if it is a reportable accident. For example, you must report the accident within ten days after the accident. This duty applies regardless of where the accident occurred, even on private property. What matters is that it caused substantial property damage, and someone was injured or lost their life.

Example: Justin decides to try a few tricks in his driveway as he waits for his cousins so they can go to the club together. After a few driving stunts, he is too excited to stop. But he makes a quick turn at high speed, driving right into his garage door. The impact is hard, and his vehicle is seriously damaged. But he escapes without any injuries.

Even though no one was hurt in that accident, Justin must file an accident report with the DMV because the damage to the vehicle is well over $1,000.

Also, Justin has to report the accident, even if it occurred on private property. If another motorist caused Justin to lose control of the vehicle, that driver must also report the crash to the department.

Note: You must file a report with the DMV even if law enforcement reported to the accident scene and prepared their report. The police report is independent of the one prepared by the DMV after an accident.

When To File a Report with Law Enforcement

You are legally mandated to file a report with the police within 24 hours of an accident’s occurrence under VC 20008. If your vehicle is in a collision, you (the driver) must make a call to the local police immediately if the following occurs:

  • Someone sustained an injury in the accident, however minor, or
  • Someone lost their life in the accident.

The right time to notify the police of the accident is right after it has occurred. But the law mandates motorists make that report within a day of the crash. You can make a police report regarding an accident through the following channels:

  • Through the Highway Patrol.
  • The local police of the zone where the collision happened.

But you can skip reporting the accident to law enforcement if an officer or a highway patrolman comes to the accident scene and writes a report. The report the law enforcement officer prepares can substitute for the report you must make to law enforcement. But it does not substitute for your report to the Department of Motor Vehicles.

Example: James and Brian are involved in an accident at a busy intersection. A law enforcement officer arrives quickly at the location to gather information and prepare a police report.

In this case, James and Brian do not need to report the accident to the local police station or a highway patrolman. Their failure to report the accident will not result in criminal charges under VC 20008. But they both must file an independent report about the accident with the DMV.

Failure to file an accident report with the police could result in the following:

  • An infraction charge, and
  • Traffic ticket.

The Importance of Reporting a Collision

The DMV has two main reasons why it requires motorists to report all reportable collisions within ten days after the accident:

  • The DMV closely monitors the driving records of all motorists.
  • A collision report helps them determine if there are negligent drivers on the road.

The department uses the Negligent Operator Treatment System, or NOTS, to declare and designate negligent operators. You are declared a negligent driver if you receive more points on your record. The DMV awards these points in the following situations:

  • If you commit a moving violation, like running a red light, violating VC 22450,
  • If you commit a driving crime, like driving under the influence of alcohol or drugs.

Every time you violate the law, the DMV awards you one or more points, depending on the seriousness of your violation. It will keep these points in check until you have accumulated many points in a particular period. That is when the department can take action against you. If you have earned more points within one, two, or three years, the DMV can take the following steps:

  • Designate you as a negligent operator.
  • Suspend and sometimes revoke your driver’s license.

The DMV will suspend your license if you have accumulated the following:

  • At least four points in a year,
  • At least six points within two years,
  • At least three points within three years.

But the department follows the steps provided in NOTS before suspending or revoking your driver’s license. Some of these steps include:

The Initial Notification

The DMV will send you an initial notification to warn you about the possibility of suspending or revoking your license because of the accumulated points in your account. This initial notification could occur if you have at least two points in a year, four points in two years, or six points in three years.

Notice of Intended Suspension

DMV will send you a notice of the intended suspension/revocation of your license if you have three points in a year, five points in two years, or seven points in three years.

Order of Suspension or Probation

The DMV will send you this order to designate you as a negligent driver, suspend your license for six months, and place you on probation for a year. You will receive this order if you have accumulated four points in one year, six points in two years, or eight points in three years.

A Violation of Probation

You will receive this notification from the DMV if you violate your NOTS probation.

Note: You can fight the revocation or suspension of your driver’s license by requesting a hearing with the DMV.

How To File an Accident Report with the DMV

To file a report with the DMV, you must file Form SR-1. But before filling out this form, you must gather the following information:

  • Your identification and driver’s license.
  • Your car’s identification number or license plate number.
  • Your auto insurance information.
  • The insurance information and vehicle details of any other party involved in the same accident.

The SR-1 form lets you provide the DMV with crucial details regarding the collision, including the people involved, whether anyone was injured or killed, and if there was property damage valued at $1,000 or more.

Your insurance broker, agent, or attorney must also file a Form SR-1 with the DMV within ten days after the collision. Remember that you must make this report even if someone sustained a slight injury in the accident. The SR-1 form is needed on top of any other report you will make with the police and your insurer regarding the accident.

Note: All parties in the accident will submit an SR-1 to the DMV, regardless of the cause or who is responsible.

Reporting the Accident to Your Insurance Provider

Even though you are not legally mandated to file an accident report with your insurance provider, it is a necessary step if you need compensation for the damages incurred. Also, insurance companies provide guidelines that motorists must follow when reporting a collision. Your auto insurance policy mandates you do the following:

  • To report any accident your vehicle is involved in, and
  • To do so immediately after the accident occurs.

Remember that your insurer will also conduct an independent investigation into the accident to determine liability. In that case, it is only fair to report the accident right after it has occurred to allow the insurance provider to gather evidence and interview eyewitnesses.

Failure to report the accident to your insurer in good time could cause the insurance provider to deny compensation to you, even if you caused the accident. It means you must cover all the damages from your pocket, which can be very expensive. Your insurer wants you to report the accident so they can begin defending the claim.

Note: You must still report the crash even if you lack insurance coverage for your vehicle. The DMV can suspend your license once it realizes you have not insured your car. But the consequences could be grave if you have not insured your vehicle and fail to report a reportable collision.

DOT Reportable Accidents Under the Federal Law

The Department of Transportation, or DOT, is a division of FMCSA that provides guidelines through which commercial vehicles, like trucks, can report accidents. A DOT reportable collision, according to this requirement, includes:

  • Fatal accidents involving commercial vehicles in which at least one person loses their life are reportable collisions. In this case, commercial vehicle drivers must report the collision, regardless of the cause of the accident or the responsible person.
  • Serious commercial vehicle accidents where at least one person sustains an injury and requires or receives medical care away from the accident scene can be deemed reportable collisions. The specific requirements if an accident results in an injury will vary from state to state.
  • If a commercial vehicle is involved in an accident and is towed from the scene because it is seriously damaged, that accident will qualify as a portable collision.
  • Accidents involving commercial vehicles that cause one or more cars to suffer disabling damage requiring towing away from the accident scene are reportable collisions.

If you have been involved in a reportable collision as a commercial vehicle driver, it helps to understand your mandate to file a report with the DMV by the deadline. DOT reports must be filed by the people affected by the accident. They include drivers, companies that own the vehicles in the accidents, carriers managing the commercial vehicles, and police officers that respond to the accident scene. You must understand the particular requirements and processes involved when making such reports since they depend on the region or country where the accident occurred.

For example, in the U.S., carriers operating trucks and other commercial vehicles must file a DOT report after a reportable collision within the specified timeframe, which could range between 24 hours and 48 hours following the accident. Your attorney can help you find out the specific rules of the transportation authority so you can file your report within the required period.

When filing a DOT report after a reportable accident, you should provide the information needed to understand the nature and seriousness of the collision. Typically, the required information includes the following:

  • Basic information regarding the accident, including the date and time when the accident occurred, and the location.
  • Detailed information about the collision, including the parties involved, and possible causes.
  • Details about property damage.
  • Whether there were deaths and injuries.
  • Eyewitness statements and contact information.
  • Whether the police responded to the scene of the accident.

Find an Experienced Personal Injury Attorney Near Me

If you have been involved in a collision, you would like to do everything possible to recover compensation for your damages. But that could be easier if you follow the required processes and procedures, including reporting a reportable accident to the Department of Motor Vehicles. You must determine whether your accident is reportable and what steps to take to report it within the given timeframe. Our experienced attorneys at Orange County Personal Injury Attorney can help you understand your requirements to report, the information you need, and how to file the report successfully. We will also be by your side through all legal processes until you obtain a fair outcome. Call us at 714-876-1959 for more information about reportable collisions and your options.