If you’re a licensed driver, you will likely be involved in at least one car accident in your lifetime. Auto accidents that don’t cause injuries or death can still be disruptive, as drivers have to track down accident reports, file insurance claims, and wait for vehicle repairs.
While these various reporting responsibilities can seem like hassles, they are important for protecting your rights after a collision. We’ll go over drivers’ notable reporting requirements and how they fit into the claims process.
Overwhelmed already? We completely understand. Thompson Law can take the lead in the aftermath of a serious car accident and help guide a complex situation to a satisfactory outcome.
California laws set forth reporting requirements for a wide array of accidents. The following accidents have unique legal considerations, which can make for complicated and confusing circumstances for drivers, motorcyclists, passengers, and pedestrians.
Perhaps the most common type of personal injury case is the classic traffic collision, which involves two or more non-commercial vehicles. Intersections provide a number of opportunities for traffic accidents, as does distracted driving. Car accidents can manifest through rear-end collisions, t-bone accidents, and multi-car pile-ups.
Pedestrian accidents, which occur when a vehicle strikes someone not operating a vehicle, often result in severe injuries or death due to the vulnerability of the pedestrian. Distracted drivers can fail to spot someone walking across a crosswalk, for example, or strike a jaywalker who is illegally occupying part of a road.
Although cyclists are normally considered vehicle operators when sharing the road with automobiles, they occasionally share rights with pedestrians. As a result, determining fault after a bicycle collides with a car can be complex.
Like bicyclists, motorcyclists are vulnerable to serious injuries or death when they get involved in car accidents. California’s wide-open spaces make for some nice riding, but the threat of danger looms—riders are 28 times more likely to die in an accident than car drivers, according to NHTSA (National Highway Traffic Safety Administration). It is important to follow motorcycle safety tips to avoid accidents.
Commercial vehicle accidents can involve more parties than just the drivers. Employers may be liable for accidents involving their drivers, while some truckers are owner-operators—further complicating the post-crash picture.
California drivers operate under an at-fault system when it comes to car accidents, which means the person responsible for causing the crash is financially liable for the other party’s damages. Damages, in the context of accident law, refer to any loss experienced by the victim or the victim’s family.
More granularly, California uses the pure comparative negligence system for allocating fault and damages. Under pure comparative negligence, anyone who suffered damages in an accident is free to pursue compensation—even if they are partially liable for the accident. The compensation they ultimately receive, however, gets reduced by their percentage of fault.
While some car accidents involve faultless drivers, many accidents are the result of shared fault. The concept of shared fault is best explained by illustrating a hypothetical scenario.
Let’s say one driver (Driver A) is in the middle of an intersection waiting to turn left. Driver A must yield to oncoming traffic, which has the right of way. Another driver (Driver B) is part of Driver A’s oncoming traffic. For some reason, Driver A does not yield to Driver B, and the two collide in the middle of the intersection.
It might seem that Driver A is solely at fault in this scenario. However, the post-crash investigation reveals that Driver B was going 67 mph—the posted speed limit was 50.
Let’s also say that Driver B sues Driver A for damages. The case goes all the way to a jury trial, and the jury decides that Driver B suffered damages worth $200,000. However, the jury also determines that Driver B was 20 percent at fault due to their speeding. Therefore, Driver B only gets $160,000: $200,000 minus $40,000 (20 percent of the verdict).
Crash evidence can piece together the fault puzzle. Insurance adjusters and the courts rely on things like accident reports, witness statements, surveillance footage, cell phone data, applicable traffic laws, and post-crash photos to determine fault allocation. In more complex cases, plaintiffs might hire an accident reconstruction expert to paint the full picture.
California law does not require drivers to call the police after every car accident. However, when an accident causes physical injuries or death, drivers must call 911 or report it to the California Highway Patrol within 24 hours. The responding officer will complete and file the accident report with their respective law enforcement authority.
Additionally, drivers must notify the state Department of Motor Vehicles (DMV) within 10 days of an accident that caused injuries or death. Drivers are required to report accidents to the DMV if more than $1,000 of property damage occurred—regardless of whether anyone sustained injuries. You must use the SR-1 form to complete this step.
You should seriously consider asking for a police report even if you don’t think anyone has been injured. Car accidents occasionally cause latent injuries, which are injuries that don’t manifest right away. That can apply to some types of internal injuries, such as whiplash or joint pain. It can also help establish fault when you file a claim with your insurance company.
Normally, drivers involved in an accident call the police to obtain an official accident report and report it to their insurance provider as soon as possible. If the driver cannot make an accident report when required, though, the responsibility falls to the passengers. Employees are required to notify their employers about an accident within five days if a company car is involved.
For many people, the easiest way to obtain an accident report (CHP 555) from the state highway patrol is through the Internet. The responding officer should give you a crash card with instructions on how to access the report through the CHP’s Online Crash Portal.
You can also obtain the physical report by going to the CHP office closest to the accident scene or requesting the report through the mail. In both of those circumstances, you will need to complete the CHP 190 form. The cost for getting your report through the mail is $10 ($30 or $40 for reports longer than 25 pages). The CHP usually completes the accident report within a few days.
As soon as you obtain your accident report, you should put it in a safe place and call your insurance company. Insurance company representatives have the authority to request accident reports on behalf of their policyholders. Still, it’s always good to have one for yourself if you ever need it for legal purposes.
Just like California law does not require drivers to call the police after every accident, your insurance company may not require you to send a police report with your claim. However, police accident reports can be helpful for your insurance claim in establishing fault.
Not reporting a car accident to law enforcement when you are required to do so can result in criminal penalties. Judges could sentence you to a year in jail if you fail to report an accident and up to four years in prison if the accident caused someone’s death. You will also be subject to fines and loss of your driver’s license.
You might need to file a lawsuit if the at-fault driver’s insurance company is operating in bad faith or otherwise not giving you the compensation you deserve. In other cases, you might need to sue the other driver if they are uninsured or underinsured.
The accident report is only one piece of evidence you’ll need if you must file a lawsuit. You need pictures of the accident scene, interviews with crash witnesses, medical records, and, if available, dashcam video footage. An experienced attorney can help you gather the evidence you need for a strong case.
The statute of limitations for filing a personal injury lawsuit after a car accident in California is two years. That means you have two years from the date of the accident to sue the at-fault driver. There are three notable exceptions, though:
Thompson Law believes that your only responsibility after a car accident is recovery. Unfortunately, insurance companies do not always treat people fairly, and drivers who collide with you may not even have insurance to pay for your damages.
Getting the compensation you deserve in these situations can be incredibly difficult, and you owe it to yourself to hire a skilled California accident attorney who has experience getting results.
Attorneys with Thompson Law have collectively won more than $1.9 billion for our clients. Whether you want to settle or go to court, our team is ready to fight for you! Contact us today for a free initial consultation.
Thompson Law charges NO FEES unless we obtain a settlement for your case. We have put over $1.9 billion in cash settlements into our clients’ pockets.
Contact us today for a free, no obligation consultation to discuss your accident, get answers to your questions, and understand your legal options. State law limits the time you have to file a claim after an injury accident, so call today.
