Should You Contact The Police After An Auto Collision?
ANSWER: If there are physical injuries, absolutely! If there is only property damage, it is still a good idea.
To start with, California Vehicle Code section 20008, requires the driver of any vehicle involved in a car accident must, within 24 hours, make a written report of the crash to the California Highway Patrol or to the police department of the city where the accident occurred, if the crash resulted in injuries or death of any person (driver, passenger, pedestrian, bicyclist, motorcyclist, etc.)
So it’s best if you’ve been involved in an automobile collision in which you were hurt to call 911 at the scene. While 911 telephone dispatchers do not automatically notify law enforcement about reports of automobile collisions, they will notify law enforcement if the caller explains that there were injuries.
Why is it so important to get the police involved? From the stand point of making an injury claim, the answer is quite clear. The officer will use the information he gathers at the accident scene to fill out an official document known as a police accident report (sometimes referred to as a “motor vehicle accident report”). The police report will contain valuable information such as: the date, time, and exact location of the accident, the identities of the parties involved, detailed information regarding all vehicles involved in the collision (including license plate, year, make, model, color, sedan/SUV/ coupe, etc., and information as to whether parts of any vehicle were malfunctioning or defective prior to the accident), a summary of any and all injuries claimed to have been sustained, a description of any alleged property damage, weather and road conditions at the time of the incident, names and/or contact information for any witnesses (as well as any statements those witnesses may have provided at the scene), and a subjective account from the officer himself detailing what appears to have transpired and why/how it happened (including who may have been at fault). The police report is a crucial tool relied upon by plaintiff’s lawyers to prove a defendant was legally responsible for an accident and the resulting injuries to their client.
What if you think you might not be hurt? Even if it is not clear immediately following an accident whether you’ve suffered injuries that are serious enough to warrant a lawsuit, your best bet is to request that the police respond to the scene anyway so that the responding officer ends up generating a police report. If it turns out that after a few days you were in fact injured, the report will go a long way towards corroborating your claims of who caused the collision. Even if it turns out that you are not seriously hurt, the report may still come in handy (for instance in the event that the insurance company tries to pin the blame on you). Simply put, the mere existence of an official police report concerning your auto accident affords you peace of mind because it reduces the likelihood of you being blamed for a car wreck that was someone else’s fault.
Should I Report the Accident to My Car Insurance Company?
California generally does not have any laws on whether—or when—policyholders who get into a car collision should report the accident to their automobile insurer. However, every automobile insurance contract requires the policyholder to report a car accident to the insurer very soon after the fact. The sooner the insurer knows about the vehicle collision, the sooner it can start trying to defend the claim.
The California DMV Requires That in Any Collision Where There is at Least $1000 in Property Damage an SR-1 Must Be Filed with the DMV
California law requires the reporting of all car accidents that result in bodily injury, death, or property damage exceeding $1,000. If you have been involved in a car accident, you are legally obligated to obtain, complete, and submit Form SR-1 to the California Department of Motor Vehicles (DMV). If you do not submit Form SR-1 within 10 days of your collision, even if there was property damage only, you can be required to pay a fine.
If you or a loved one has been injured in an auto collision and you have questions about your rights or options, or what the insurance company is telling you, we invite you call call us for a free no obligation consultation. Time is critical, so we look forward to hearing from you. 530-265-0186