The driver of any vehicle who was involved in an accident that caused personal injuries or death to any person must report that accident to local police or the California Highway Patrol within 24 hours pursuant to CVC 20008. In addition, if you filed a report with the Highway Patrol, and you need to file with local police, the Highway Patrol must refer it over to the appropriate local police department. If your accident involves property damage of more than $1,000, personal injury or death, file an appropriate SR-1 report with the Department of Motor Vehicles within 10 days. Note that this requirement is regardless of fault.
Failure to Report an Accident to Police
California prosecutors and courts take the failure to report a personal injury accident to police seriously. Plus, according to CVC 20001, any failure to report such an accident to police can be punished by up to a year in jail and a fine of between $1,000 and $10,000. If the accident involved permanent personal injury or a fatality, the offense carries a minimum of 90 days in jail. Otherwise, you can get two to four years of imprisonment, or a fine of up to $10,000 or both.
What About Reporting an Accident to My Insurance Company?
There is no California law that requires you to report an accident to your insurance company. That’s because an insurance policy is a matter of contract. Your insurance policy will have express language about reporting any accident you’re in. Usually, the insurer requires you to file a report within a reasonable period of time. The police department that you reported the accident does not have to report your accident to your insurance company. Besides, that’s your responsibility. Failure or unnecessary delay in reporting an accident to your insurance company can cause your insurer to walk away from the contract of insurance and render you uninsured. You don’t really want anything like that to happen.
The Necessity of a Police Report if You’re an Injury Victim
If you’ve suffered injuries after a motor vehicle accident due to somebody else, it’s critical that you report the accident to police. Without a police report, your chances of receiving any compensation at all diminish drastically. Police officers train in accident investigation, they’re impartial and jurors rely heavily on their testimony. Without an investigator and a police accident report, you stand little chance of obtaining any compensation for your injuries and damages. Never let anyone talk you out of calling police to an accident scene under any circumstances.
After sustaining an injury, call 911 and ask that both police and paramedics be dispatched to the scene. Police can write up an accident report that should be ready in a couple of days. And paramedics can stabilize you and get you to an emergency room for initial care and treatment. Don’t give the insurer of the person who caused your accident and injuries any type of written or recorded accident report.
It will only use your words against you in the future. Besides, California law doesn’t require you to give it any type of a statement. Then, contact our California car accident lawyer at Maison Law for a free consultation and case review. We’re going to listen to you carefully, answer your questions and advise you on all of your legal options. Furthermore, if you retain us, we’ll begin building a solid case on your behalf and pursue the maximum settlement. So never let anyone talk you out of calling the police after sustaining an injury in an accident.
Contact a California Car Accident Lawyer Today
If you sustain an injury, you may wonder if you’ll have to cover the cost of recovery alone. Make sure you have an attorney from Maison Law watching over every document exchange and communication you have with them.
After an accident involving a serious injury or the tragic loss of life in California, contact attorney Martin Gasparian for a free, no-obligation case consultation for your family. Mr. Gasparian takes a hands-on approach to every case and only gives victims advice that’s in their best interest.
