SECTION 6.3

Accidents and Financial Responsibility

You must stop if you are involved in an accident. Someone could be injured and may need your help. If you don't stop, you may be convicted of a "hit and run" and could be severely punished.

If anyone is hurt, you need to call the police or the California Highway Patrol.

Show your driver's license, registration card, evidence of financial responsibility, and current address to the other driver or persons involved, or to any peace officer. If your evidence of financial responsibility is insurance, you must be able to provide the company name and address as well as the policy number to avoid a citation and $500 fine.

The driver or his or her insurance agent, broker, or legal representative must make the following reports:

If someone is killed or injured, you need to report the accident to the police or CHP. Do this within 24 hours of the accident.
You must report the accident to the DMV.   Pick up an accident report form SR 1 from any DMV or CHP office. The SR 1 report needs to be made in addition to any other report made to the police, CHP, or your insurance company.

If you hit a parked vehicle or another form of property, try to find the owner. If you cannot find the owner, leave a note with your name and address (and the name and address of the owner of the vehicle you are driving). Report the accident without delay to the police or to the CHP.

If you have parked a vehicle and it rolls away, hitting another vehicle, find the owner and report the incident to the authorities in the same way.

If you kill or injure an animal, pull over to the side of the road and stop. Try to find the owner. If you cannot find the owner, call the nearest humane society or call the police or CHP. Do not try to move an injured animal, but never leave an injured animal to die – it is inhumane and cruel.

Financial Responsibility

California's Compulsory Financial Responsibility Law requires every driver and every owner of a motor vehicle to maintain financial responsibility for it at all times. There are four forms of financial responsibility:

Coverage by a motor vehicle liability insurance policy.
A deposit of $35,000 with the DMV.
A surety bond for $35,000 obtained from a company licensed to do business in California.
A DMV – issued self-insurance certificate.

You must provide evidence of financial responsibility to the DMV when you renew the registration of a motor vehicle, as well as to a peace officer if you are cited for a traffic violation or are involved in any traffic accident. The law requires that you provide the officer with the name and address of your insurer and the policy identification number. Your insurer will provide written evidence of this number. Failure to provide evidence of your financial responsibility can result in fines of up to five hundred dollars ($500) and loss of your driver's license. Falsification of evidence can result in fines of up to seven hundred fifty dollars ($750) or 30 days in jail, or both, in addition to a one-year suspension of driving privileges.

Insurance

State law says you must be financially responsible for your actions whenever you drive and for all motor vehicles you own. It is illegal to drive without being financially responsible. The most common form of financial responsibility is an automobile liability insurance policy.  If you have an accident that is not covered by your insurance, your license will be suspended. If the driver is not identified, the owner of the motor vehicle involved in the accident will have his or her license suspended.

Your insurance must cover, at a minimum, the following per accident:

$15,000 for a single death or injury.
$30,000 for death or injury to more than one person.
$5,000 for property damage.

If you are visiting California, or have just moved here, you should be aware that many out-of-state insurance companies are not authorized to do business in California. Before you drive here you should ask your insurance company if you are covered in case of an accident. Should you become involved in an accident in California, all three of the following conditions must be met to avoid suspension of your driving privileges:

  1. Your liability policy must provide bodily injury and property damage coverage which equals or exceeds the limits stated above.
  2. Your insurance company must file a power of attorney, allowing the DMV to act as its agent for legal service in California.
  3. You must have insured the vehicle before coming to California.

Many lawsuits are settled for much more money than the minimum amounts set by the Financial Responsibility Law. You are liable for any additional damages over and above what your insurance company will pay.

Reporting Accidents To DMV

When you have an accident, you must report it to the DMV if:

More than $750 in damage was done to the property of any person.
Anyone was injured (no matter how slightly) or killed.

Each driver must make a report to the DMV. This report can  be filed by the driver's insurance agent, broker or legal representative.

The CHP or police will not make this report for you.

You must turn in this report whether you caused the accident or not and even if the accident occurred on private property. Report the accident within 10 days using the SR 1 Traffic Accident Report Form.  If you fail to turn in the report, your driving privileges will be suspended.

The DMV will use the information you give in the accident report to verify that you had coverage in effect for the accident.  If you did not have the proper insurance coverage, your driving privileges will be suspended for a year. To get your license back after it is suspended, you will need to provide proof of financial responsibility and maintain it for the next three years.

Every accident reported to the DMV by law enforcement officials will show on your driving record unless the reporting officer says another person was at fault. Every accident reported by you, or another party in the accident, will show on your record if any one person has over $750 in damage or if anyone is injured or dies. It does not matter who caused the accident, the law says the DMV must keep these records. 

At Web Traffic School, we are convinced that driver attitude and responsibility are the keys to safe driving. Your time here will have been well spent if you put the lessons of the course into practice behind the wheel. An aware driver is a safe driver, and a safe driver is one who avoids tickets, court, and collisions.

References

AAA Foundation for Traffic Safety. Signs, Signals and Roadway Markings.

California Highway Patrol Statewide Integrated Traffic Records System (SWITRS). 1999 Annual Report of Fatal and Injury Motor Vehicle Traffic Collisions.

California Vehicle Code. California State Laws and Statutes.

National Highway Traffic Safety Administration and the National Safety Counsel 2000

State of California. 2002 California Driving Handbook.

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