Many drivers believe the police report takes care of everything. It does not. The DMV's separate report is easy to miss in the days after a crash, and in the auto accident cases we handle it is one of the first deadlines we check. The report is short, it can be filed online, and filing it on time protects your license.
This guide explains when the SR-1 is required, what it asks for, who can file it for you, and what happens if it is late or missing.
How do I report a crash to the DMV, step by step?
- Decide whether the crash is reportable. It is if anyone was injured, no matter how minor, or killed, or if property damage to any one person was over $1,000 (Vehicle Code 16000(a)).
- Gather what the DMV asks for. The DMV's SR-1 page lists your driver's license or ID card, your plate number or vehicle identification number, your insurance information, and the other party's vehicle and insurance information.
- File the SR-1 within 10 days. You can start it online on the DMV's website; a printable form is also available, though the DMV notes paper submissions are likely to take longer.
- Or have someone file it for you. Your insurance agent, broker or legal representative may file it on your behalf (Vehicle Code 16000(a)).
- Keep a copy and the date you sent it. You may need it if the DMV later says no report was received.
- Make the separate police report if needed. For a crash with injury or death, a written report to the CHP or the city police is due within 24 hours (Vehicle Code 20008). Our guide on what happens in the first 30 days after a crash in Sonoma County covers that step and the others.
Which reports are due after a crash, and to whom?
| Report | Who receives it | When | California law |
|---|---|---|---|
| SR-1, Report of Traffic Accident Occurring in California | The DMV | Within 10 days, if anyone was hurt or killed or damage was over $1,000 | Vehicle Code 16000 |
| Written report of an injury or fatal crash | The CHP, or the city police if it happened in a city | Within 24 hours | Vehicle Code 20008 |
| Notice to your own insurer | Your insurance company | As your policy requires | Your policy |
| Claim to a public agency, if one may be responsible | The city, county or State | Within 6 months | Government Code 911.2 |
Why does the DMV want a report when the police already have one?
The two reports do different jobs. The police or CHP report records what happened for law enforcement. The SR-1 tells the DMV whether each driver had the insurance or other financial responsibility the law requires. Every driver and owner must be able to show financial responsibility at all times and carry evidence of it in the vehicle (Vehicle Code 16020).
That is why the DMV's own page states that the SR-1 is required in addition to any other report made to the police, the CHP or your insurance company. An officer's report does not file the SR-1 for you.
The SR-1 is confidential in large part. Reports made under this chapter are for the confidential use of the DMV and other state departments that need the information, but the DMV must disclose certain basics, such as the names and addresses of the people involved, the vehicles, and the date, time and place of the accident, to people with a proper interest, including anyone injured in it (Vehicle Code 16005).
What happens if I do not file it, or file it late?
The DMV must suspend the driving privilege of anyone who fails, refuses or neglects to make a required accident report. The suspension lasts until the DMV receives the report or proof of financial responsibility (Vehicle Code 16004).
Separately, if a report says a driver did not have insurance or other financial responsibility at the time of the crash, the DMV mails that driver a notice of intent to suspend, and the suspension takes effect 30 days after the notice unless the driver shows financial responsibility for the date of the accident (Vehicle Code 16070). If nobody reports the crash within a year, the DMV is not required to file a report on it, and those two suspension rules no longer apply (Vehicle Code 16000(c)).
What changes the answer?
No one was hurt and the damage was $1,000 or less. Then the SR-1 is not required (Vehicle Code 16000(a)). Repair estimates often exceed $1,000 even for minor-looking damage, so check before deciding.
A government vehicle was involved. A report is not required for a vehicle owned or leased by, or under the direction of, the United States, California, another state or a local agency (Vehicle Code 16000(b)). The other drivers still have to file. Our guide on crashes with a county vehicle or public bus explains the rest of what changes.
You were too badly hurt to file. Your insurance agent, broker or legal representative may file for you (Vehicle Code 16000(a)).
The other driver had no insurance. The SR-1 can start the DMV's suspension process against that driver (Vehicle Code 16070). For your own injury claim, see how uninsured and underinsured motorist coverage works.
You had no insurance yourself. Filing is still required, and the DMV may suspend your license under Vehicle Code 16070. California law also bars uninsured drivers from recovering pain and suffering in most cases; see whether an uninsured driver can recover pain and suffering.
What could this look like? An example
For example, imagine a driver in Windsor whose car is hit at low speed in a shopping center lot. A deputy comes, takes information and leaves. Nobody goes to the hospital that day, and the body shop estimate is $2,400.
Because the damage is over $1,000, an SR-1 is due within 10 days whether or not anyone was hurt. Two days later the driver's neck starts to hurt and she sees her doctor; the crash now also involves an injury. She files the SR-1 online on day six, with her license, plate number and insurance details, and keeps the confirmation. The police report and her insurance claim continue separately. Had she skipped the SR-1, the DMV would have had to suspend her license until it received the report. This example is made up to show how the rules fit together; it says nothing about any real case.
What mistakes do people make with the DMV report?
- Assuming the police or CHP report is enough.
- Assuming the insurance company files it, without asking whether it did.
- Waiting for the repair estimate or the doctor's opinion and missing the 10 days.
- Not keeping a copy or confirmation of the filed report.
- Leaving the other driver's insurance information blank when it was on the exchange of information at the scene.
What should I do this week?
- Count 10 days from the crash and write the date down.
- Gather your license, plate number or VIN, your insurance card and the other driver's details.
- File the SR-1 online, or ask your insurance agent in writing to file it and send you a copy.
- Save the confirmation or a copy of the form with the date sent.
- Request the police or CHP report; our guide on how to get a crash report in Sonoma County lists each office.
- If you were hurt, read our guide on how long the insurance company has to respond.
Frequently asked questions
Does the SR-1 decide who was at fault?
No. The DMV report is about whether each driver had financial responsibility. Fault is decided in the insurance claim or, if needed, by a court.
Can the other driver's insurer see my SR-1?
The reports are mainly confidential, but the DMV must disclose basic information, such as names, addresses, vehicles and the date and place of the crash, to people with a proper interest, including those injured and owners of damaged property (Vehicle Code 16005).
Does a minor injury count?
Yes. The DMV's page says the report is required if someone is injured "no matter how minor the injury."
What if the crash happened in a parking lot?
Section 16000 covers accidents arising from operating a vehicle on a street or highway and certain off-highway accidents, so check whether the lot is open to public traffic. When in doubt, filing is the safer choice.
Is the 24-hour police report the same as the SR-1?
No. The 24-hour written report under Vehicle Code 20008 goes to the CHP or city police for any crash with injury or death; the SR-1 goes to the DMV within 10 days.
Does filing the SR-1 open a claim with my insurance company?
No. The SR-1 goes to the DMV, and your insurer needs its own notice under your policy. Our guide on claiming through your own insurance or the other driver's explains how the two insurance claims fit together.
Does the DMV report change my deadline to bring an injury claim?
No. Most injury lawsuits are due within two years of the crash (Code of Civil Procedure 335.1), and a claim against a public agency within six months (Government Code 911.2). Our guide on California personal injury deadlines lists the others.
I missed the 10 days. What now?
File it as soon as possible. Under Vehicle Code 16004, a suspension for not reporting ends when the DMV receives the report or evidence of financial responsibility.
If you were hurt in a crash and have questions about reports, insurance or deadlines, contact Young Law Group today at (707) 343-0556 or through our contact page for a free consultation.
Sources
- California DMV: Report of Traffic Accident Occurring in California (SR-1)
- Vehicle Code section 16000 (the 10-day report to the DMV)
- Vehicle Code section 16004 (suspension for not reporting)
- Vehicle Code section 16005 (confidentiality of accident reports)
- Vehicle Code section 16020 (financial responsibility)
- Vehicle Code section 16070 (suspension for no financial responsibility)
- Vehicle Code section 20008 (24-hour report of an injury crash)
- Code of Civil Procedure section 335.1 (two years for an injury)
- Government Code section 911.2 (six-month claim to a public entity)
