Guide To Filling Out A DMV SR-1 Form After A Car Accident in California

18 Dec Guide To Filling Out A DMV SR-1 Form After A Car Accident in California

If you meet with a severe car accident in California, the law requires you to fill out and submit Form SR-1 with the Department of Motor Vehicles (DMV). Does your insurance company file SR-1? Not always. Although insurers are allowed to file Form SR-1 with the DMV on behalf of their policyholders, not all insurers perform this task. Even if you inform your insurance company about the accident, ensuring the form is filled out and submitted to the DMV it is the driver’s responsibility.

Form SR-1 must be filed with the DMV within 10 days of the accident, regardless of the following:

• Whether or not the accident was your fault
• Whether or not you are covered by a proper car insurance policy
• Whether or not your vehicle registration and license are updated
• Whether or not a police report has been filed following the accident
• Whether or not the accident was reported to your insurer and they have determined whose fault it was
• Whether or not you notified the police about the accident

Common reasons for car accidents in California

Given the number of cars plying on the streets of California, car accidents have become something of a common occurrence. The following are some of the common causes of car accidents:

• Speeding
• Distracted driving
• Drunk driving
• Improper turns
• Use of cellphones or other electronic devices while driving
• Driving on the wrong side of the road
• Violation of stop signs and traffic signals

What should I do in the event of a car accident in California? 

The first thing to do if you are involved in a car accident is to call 911 and report the accident to the California Highway Patrol (CHP) or the police. Then, identify yourself by showing your driver’s license and insurance papers to the concerned persons. You will also have to call your insurance company and notify them about the accident.

Who has to file Form SR-1 and when

Form SR-1 needs to be filed by any individual who is involved in a car accident that has resulted in injury or death. Even if there is no personal injury, Form SR-1    must be filed if the property damage caused by the accident exceeds $1000. In case there were no injuries caused by the accident, and the property damage was less than $1000, there is no need to file Form SR-1.

Any accident in the state of California that causes personal injuries or major damages to property must be reported through Form SR-1. Even accidents occurring on your driveway or private road must be reported through this form.

In case the driver involved in an accident is incapacitated or heavily injured, Form SR-1 can he filed by other representatives on their behalf. The other persons who can file Form SR-1 on behalf of a driver in an accident include the following:

• A family member of the driver involved in the accident
• A representative of the auto insurance company under which the driver has a policy
• An accident lawyer

What kind of information does Form SR-1 require? 

The purpose of Form SR-1 is to obtain relevant information from those involved in a car accident. At the time of filling out the form, you must be transparent and provide all the required details regarding the accident. You will also have to provide information regarding the other parties involved in the accident. Let’s take a closer look at the kind of information required by Form SR-1.

General information regarding the accident 

The first part of Form SR-1 requires the following information:

• The number of vehicles involved in the accident
• The date on which the accident took place
• The location of the accident, including the county and city
• Whether or not the accident took place on a private property

Reporting Party’s Information

The next part of the form requires information regarding the reporting party. Each driver involved in the accident will have to fill this section with the following information:

• The exact time of the accident
• The nature of the accident (whether the vehicle was moving, parked or stopped in traffic)
• Whether or not the driver was on duty for an employer
• The first, middle and last name of the driver
• The license number of the driver
• The state in which the driver attained the license
• The residential address of the driver
• The driver’s date of birth
• The city, state and zip code in which the driver resides
• The driver’s telephone number(s)
• The year and make of the vehicle involved in the accident
• The identification number of the vehicle or its license plate
• The state in which the vehicle was registered
• Whether or not the damages from the accident exceed $1000
• The name of the person or company who owns the vehicle along with their address and date of birth
• The name of the insurance company under which the car and/or driver has a policy
• The policy number and the name of the policy holder
• The term of the policy
• The company NAIC number

Other Party’s Information

This part requires all the details about the other party involved in the accident. All the information requested here is the same as details required in the section above.

Injury/Death and Property Damage

This section requires the following details:

• The name and address of the individuals injured or deceased as a result of the accident
• Whether they were a driver, passenger, bicyclist or pedestrian
• Details of the other property damaged (telephone poles, fence, livestock, etc.)
• Whether or not the damages were in excess of $1000
• The name and address of the property owner

Insurance Information 

This section requests the insurance information of the vehicles involved in the accident. The following are the details you need to fill in here:

• Name of insurance policy covering the vehicle
• The policy number
• The policy period
• The date on which the accident took place
• The town or city in which the accident took place
• The license number of the driver
• The year and make of the vehicle
• Vehicle identification number
• Vehicle license plate number
• The state in which the vehicle is registered
• The name and address of the driver
• The name and address of the vehicle owner
• The full name and address of the policy holder

After furnishing the requested information, you will have to enter the date, your name and your signature before submitting the form to the DMV.

Where to get Form SR-1 after an accident in California?

You can visit your nearest DMV in California and obtain Form SR-1 following an accident in California. Alternatively, you can also download the form from the official California DMV website. Form SR-1 can also be downloaded and filed online.

What documents do I need to file Form SR-1?

The following documents will come in handy when filling out the information requested in Form SR-1:

• The driver’s license
• The identification number or the license plate number of the vehicle involved in the accident
• The insurance information of the vehicle involved in the accident
• Details regarding the vehicle and insurance policy of the other party involved in the accident

What happens if I do not file Form SR-1 after a major accident in California?

There are repercussions to being involved in a major car accident and failing to file Form SR-1 with the DMV. These consequences are as follows:

• Suspension of your driver’s license

Failure to fill out and submit Form SR-1 within 10 days of the accident could result in the suspension of your driver’s license. The state has the right to suspend your license under California Vehicle Code 16004. It can also impose other administrative punishments on your driving privileges, making it crucial to file the form with the DMV within the prescribed time.

• Loss of insurance benefits

Form SR-19C needs to be submitted if you are to attain information regarding the insurance company of the other driver involved in the accident. You cannot file a claim for damages unless you obtain this information. Before submitting Form SR-19C, however, it is imperative to fill out and submit Form SR-1. Failure to submit Form SR-1 within the prescribed time can stop you from filing a claim for damages with the party at fault.

• Jail 

In case an accident is not reported to the DMV due to criminal intent, the state of California can levy several fines on the driver. In certain cases, driver can even be sent to jail as a result of not filing Form SR-1.

What happens if there is a delay in submitting Form SR-1 with the DMV?

In case you miss the 10-day deadline to file Form SR-1 with the DMV, you must first check if the form was filed by the other driver involved in the accident. If the DMV did not send you a letter regarding the incident, it means that the other driver has not filed the form either. You can also check the DMV website and find out if your license was suspended after the accident. If it hasn’t been suspended, the DMV is still unaware of the accident.

After a major car accident in California, the license of the involved drivers is usually suspended for a year. The reason for this is that the DMV assumes that the driver was not covered by an auto insurance policy at the time of the accident. Drivers can still get their coverage back after presenting a valid insurance plan to the DMV. However, you will still have to fill out and submit Form SR-1, after which the DMV will reinstate your license.

Why is it necessary to file Form SR-1? 

Considering the fact that a police report has to be filed and the insurance company must be notified after a car accident, SR-1 seems like an unnecessary administrative block. However, Form SR-1 is filed for different reasons. The state of California requires all drivers to have an auto insurance policy in place, but some vehicles are still not insured.

Form SR-1 is crucial in identifying an uninsured driver when an accident takes place. Only drivers with insurance can use this form to report the accident to the DMV and to make claims for damages. Uninsured motorists will have to file Form SR-19C to make a claim in the event of an accident.

Why do I need a California car accident lawyer? 

The victims of car accidents have to deal with injuries and expensive medical bills. Even if your losses are minimal, a car accident attorney can perform all the legal duties to ensure justice is served and you are compensated. Here are a few reasons why a California car accident attorney is beneficial for you in the event of an accident:

• Investigating the accident: A car accident attorney will gather evidence and analyze the damages caused by the accident before preparing a claim. They’ll include medical costs, lost wages and vehicle repair bills. Even the emotional damage caused by the accident will be taken into consideration to ensure you are fairly compensated for the losses.
• Negotiating with insurers: Insurers often offer low ball settlements to unsuspecting clients. An experienced attorney will negotiate with insurance companies to make sure you get every dollar you deserve.
• Courtroom experience: Although insurance companies settle most claims, some matters make their way to civil courts if the insurer declines compensation to the injured party. At times like these, an experienced California car accident attorney will fight your battles in court and get your due compensation.

Whether you are the at-fault driver or a victim of a car accident, no one likes the stress of the situation. A California car accident attorney can make things easier by taking care of all your legal duties while you focus on your mental and physical recovery.

Contact a California car accident lawyer today!

According to California law, victims have up to two years from the date of the accident to file claims for injuries. Filing Form SR-1 and working on your claim soon after the accident can help in receiving a fair compensation for the damages you incurred due to an accident. An expert California car accident attorney can make it significantly easier to ensure you are compensated for injuries and damages to property.