California law requires you to report car accidents to the police within 24 hours if anyone was injured or killed, and you must also file a separate DMV report within 10 days if the crash caused more than $1,000 in property damage or any injuries.
These are two distinct reporting requirements with different deadlines and consequences for non-compliance, including potential license suspension and criminal charges.
While the law doesn’t mandate a police report for minor, property-damage-only accidents, you should still call the police anyway. An official report provides a credible, third-party account of the incident, which is invaluable for insurance claims and potential legal proceedings.
Are There Other Mandatory Accident Reporting Timelines?
California has two separate reporting deadlines that you must meet to protect your rights and driving privileges. Missing either deadline can result in serious consequences, including license suspension or criminal charges.
The 24-Hour Police Report Rule for Injuries
If the accident involved any injury or a fatality, you must promptly report it to local police or the California Highway Patrol. This rule is strict and applies even if the injuries seem minor at first.
You are legally required to make this report in these situations:
- Any injury level: From scrapes and bruises to serious harm.
- Fatal accidents: When a person is killed in a collision.
- Hit-and-run incidents: When the other driver flees the scene.
- Suspected impairment: When you believe the other driver is under the influence.
The 10-Day DMV SR-1 Report Rule
You must report the accident to the California Department of Motor Vehicles by filing a Report of Traffic Accident Occurring in California (SR-1) form. You have 10 days from the crash date to submit the form if the accident resulted in more than $1,000 in property damage to any one person or if anyone was injured or killed.
This requirement applies to all drivers involved, regardless of who was at fault. Failure to file can lead to suspension of your driver’s license.
Are Police Reports and DMV SR-1 Forms the Same Thing?
No, they are two entirely distinct reports from various government agencies. The requirement for the other is not met by filing one.
Many drivers mistakenly believe that their reporting obligations are fulfilled when police arrive at the scene. This is untrue; the SR-1 form still needs to be submitted separately to the DMV.
| Requirement | Police Report | DMV SR-1 Form |
| When Required | Within 24 hours if there is any injury or death | Within 10 days if there is injury, death, or over $1,000 in property damage |
| Where to File | Local police department or California Highway Patrol | California Department of Motor Vehicles |
| Purpose | Create official law enforcement record for potential investigation | Demonstrate financial responsibility to the DMV |
| Penalty for Not Filing | Potential misdemeanor charges, especially in hit-and-run cases | Suspension of your driver’s license |
Should You Call the Police for a Minor Accident?
Even if a crash seems like a minor fender-bender with no apparent injuries, it’s still wise to call the police. Adrenaline can easily mask pain, and injuries may not become apparent for hours or even days.
Following proper procedures for what to do after a car accident, you should always call the police if any of these situations apply:
- Uncertain damage or injuries: When you’re unsure about the extent of harm.
- Problematic other driver: If they appear aggressive, uncooperative, or intoxicated.
- Information refusal: When any driver tries to leave without exchanging details.
- Traffic hazard: If vehicles are blocking traffic and creating danger.
- Future protection: When you want an official record for insurance purposes.
What If Police Don’t Respond to the Scene?
In many busy areas, police departments may not dispatch an officer for minor, non-injury accidents, especially on private property like parking lots. If this happens, you must take steps to create your own record.
Document everything using your phone, taking extensive photos and videos of vehicle damage, the accident scene, and any visible injuries. Gather complete information by exchanging driver’s licenses, insurance information, and contact details with all other parties involved.
Get the names and phone numbers of any witnesses who saw what happened. Go to the local police or CHP station to file your own counter report, which creates an official record of your account.
Submit your SR-1 form to the DMV within the 10-day deadline, regardless of whether police responded if the reporting thresholds are met.
Why Does a Police Report Help Your Injury Claim?
A police report is one of the most powerful pieces of evidence you can have for a personal injury claim. Insurance companies will scrutinize your claim, and an official report lends significant credibility to your case.
The report serves as crucial evidence and creates several advantages:
- Official documentation: Provides an unbiased, third-party account of the crash facts.
- Story consistency: Documents initial statements from all parties, preventing later changes.
- Evidence preservation: Officer notes time, location, weather, vehicle positions, and witness information.
- Fault establishment: Officer may issue citations or include opinions supporting your case.
- Insurance credibility: Claims without reports face much more scrutiny and skepticism.
At Krasney Law Accident Attorneys, we use the official police report as a foundational element to build compelling cases and counter insurance companies’ attempts to unfairly shift blame to our clients under California’s comparative negligence laws.
What Steps Should You Take at the Accident Scene?
Your actions immediately after a crash are critical to protecting your safety and legal rights. Focus on these essential steps in order of priority.
Call 911 and Get to Safety
Your first priority is everyone’s safety. If possible, move your vehicle out of traffic to a safe location, such as the shoulder or a nearby parking lot.
Check on yourself and your passengers for injuries, then call 911 to report the crash and request medical assistance if needed. Even if injuries seem minor, it’s better to have paramedics evaluate everyone.
Exchange Information and Document Everything
Use your phone to take pictures of the other driver’s license, registration, and insurance card. You should also photograph the damage to all vehicles, the positions of the cars, any skid marks, and the surrounding intersection or roadway.
Take wide shots of the overall scene and close-ups of specific damage. If there are traffic signals or signs, photograph those too, as they may be relevant to determining fault.
Get Witness Names and Preserve Video
Independent witnesses can be invaluable to your case. Politely ask anyone who saw the accident for their name and phone number.
If there are nearby businesses or traffic cameras, note their locations. Ask witnesses whether they have dashcam footage or recorded anything on their phones.
Avoid Admissions and Stick to Facts
Be careful what you say to everyone at the scene, especially when dealing with an insurance adjuster who may contact you later. Even a simple apology like “I’m so sorry” can be twisted by an insurance adjuster and used to argue that you admitted fault.
Stick to the basic facts when speaking with the other driver and the police. Describe what you saw and felt, but don’t speculate about what caused the accident or who was at fault.
Seek Medical Care and Document Symptoms
If you feel any pain, accept medical help at the scene or go to an emergency room or urgent care as soon as possible. This not only ensures your health but also creates a medical record linking your injuries directly to the accident.
Even if you feel fine initially, consider seeing a doctor within 24-48 hours. Some injuries, like whiplash or concussions, may not show symptoms immediately but can cause serious problems later.
How Do You File the DMV SR-1 Form?
Filing the SR-1 form is a critical step that you must handle correctly and on time. The process is straightforward if you have the right information prepared.
What Information Do You Need for the SR-1?
Before you begin, gather these essential details:
- Your information: Driver’s license number and vehicle registration details.
- Insurance details: Your policy number and insurance company contact information.
- Other driver’s information: Name, address, license number, and insurance details.
- Accident specifics: Date, time, exact location, and brief description of what happened.
- Damage and injuries: Description of property damage and any injuries sustained.
Who Can File the SR-1 for You?
While it’s your legal responsibility, an insurance agent or attorney can file the SR-1 form on your behalf. The team at Krasney Law routinely handles this paperwork for our clients.
We ensure it’s filled out accurately and submitted on time so you can focus on your recovery instead of wrestling with government forms and deadlines.
Where and How Do You Submit the SR-1?
You can submit the SR-1 form online through the DMV’s website for the fastest processing. This method allows you to upload the form and receive confirmation that it was received.
Alternatively, you can mail a physical copy to the address listed on the form. If you mail it, send it certified mail with a return receipt requested to prove you submitted it on time.
How Can You Get a Copy of Your Police Report?
Once the police report is ready, you’ll want a copy for your records and for an insurance claim; the process for obtaining it varies by department, so check with the responding agency for their timeline and procedures.
Online Requests
Many law enforcement agencies, including the CHP and larger city police departments, now offer online portals to request and purchase accident reports that you’ll need to file a car accident claim. This is often the most convenient method with the fastest turnaround time.
You’ll need the report number, the accident date, and a credit card to pay any fees. Most reports cost between $10 and $ 20, depending on the agency.
In-Person or by Mail
You can also request a copy by mailing a request form or visiting the records division of the police department that responded to your accident. Be prepared to provide identification, the report number, date of the accident, and payment for any fees.
Some departments require you to be a party to the accident or have a legitimate interest in the case to obtain a copy.
What Are the Penalties for Not Reporting an Accident?
Failing to comply with California’s reporting laws can lead to severe consequences that jeopardize both your driving privileges and your ability to get fair compensation.
The penalties include serious ramifications:
- License suspension: The DMV will suspend your license for failing to file an SR-1 within 10 days.
- Criminal charges: You could face misdemeanor hit-and-run charges for leaving an injury accident scene without reporting.
- Claim complications: Insurance companies may become suspicious and try to deny or reduce your claim.
- Personal liability: If you’re found at fault and didn’t report the crash, you could be personally responsible for all damages.
How Does Proper Reporting Affect Your Claim Value?
Timely and accurate reporting directly impacts how much compensation you can recover from your accident. Insurance companies look for any excuse to reduce payouts, and missing reports give them ammunition to fight your claim.
Proper documentation through police reports and SR-1 filing:
- Strengthens injury claims: Official reports lend credibility to your account of the accident.
- Reduces fault arguments: Clear documentation makes it harder for insurance companies to shift blame.
- Supports wage claims: Medical records and police reports help prove the connection between the accident and your time off work.
- Documents pain and suffering: Official records of the accident help justify compensation for non-economic damages.
Experienced Car Accident Law Firm in San Bernardino, California
The aftermath of a car accident can feel overwhelming, but you don’t have to navigate this complex process alone. Our experienced auto accident attorneys are here to take the burden off your shoulders from day one.
We immediately take charge of every critical detail, from obtaining official police reports to filing required SR-1 forms with the DMV. In California, missing a filing deadline can jeopardize your driving privilege and your right to recover compensation. Our team ensures that every document is filed accurately and on time so that nothing falls through the cracks while you focus on healing from your injuries.
Our firm is dedicated to providing one-on-one attention to every client. With offices in San Bernardino, Ontario, and Riverside, we serve accident victims throughout California. We work on a contingency fee basis, which means you pay nothing unless we win your case.
If you’ve been in an accident and need help with reporting requirements or pursuing a claim, contact us for a free, no-obligation consultation. Our Spanish-speaking staff is also available to assist you.
Frequently Asked Questions About Reporting a Car Accident in California
Do I Have to Report a Car Accident on Private Property?
Yes, the SR-1 filing requirement applies even if the accident occurs on private property like a shopping mall parking lot, as long as the damage or injury thresholds are met.
Can My Insurance Company or Lawyer File SR-1 for Me?
Yes, your insurance agent or an attorney can file the SR-1 on your behalf, but you remain legally responsible for ensuring it’s submitted to the DMV within the 10-day deadline.
What If I Discover Injuries Days After the Crash?
You should seek medical care immediately to document the injury, then contact the police department to amend your report and ensure your SR-1 filing reflects that someone was injured.
Can I Correct a Police Report If It Has Errors?
If you find a factual error in the police report, you can contact the officer who wrote it and provide evidence to support your request for an amendment, though the officer isn’t obligated to make changes.
How Long Does It Take to Get a Police Report in California?
Police reports can take several business days to be processed and released, and more complex cases involving serious injuries may require additional time.
Will Filing SR-1 Increase My Insurance Premiums?
The act of filing the SR-1 form itself doesn’t raise your insurance rates, but being found at fault for the accident that required the report may lead to a premium increase.
Do Passengers or Vehicle Owners Have to File If the Driver Cannot?
Yes, if a driver is physically unable to file the report due to their injuries, a passenger or the vehicle’s owner can and should file the SR-1 on their behalf to meet the deadline.
What If the Other Driver Refuses to Share Insurance Information?
If another driver refuses to exchange information, you should call the police immediately since it’s illegal to leave a crash scene without providing this information, and the responding officer will ensure it’s collected.
