How Long Do You Have To Report a Car Accident?

Being involved in a car accident is often overwhelming. The stress and anxiety are even worse if you are dealing with injuries, vehicle damage, and insurance companies. Missing a deadline may result in the denial of claims or the loss of the right to sue for fair compensation.

In this article, we’ll explain important timeframes and deadlines for reporting a car accident to police, insurance companies, and motor vehicle agencies.

If you’ve recently been in an auto accident, a local car accident attorney can help you understand the complex reporting requirements, negotiate with the insurance company, and file a legal claim if necessary. They will help you meet all crucial deadlines to ensure you receive the compensation you deserve.

Emergencies vs. Non-Emergencies

The required timeframe for reporting a motor vehicle accident depends on the severity of the accident and who you’re making the report to. We’ll discuss each of these in more detail below.

Immediate Reporting

Call 911 and get help from police and emergency services if there are:

• Injuries or fatalities
• Significant property damage
• Vehicles or other materials blocking traffic

All states require reporting of car accidents that result in injury or death. When it comes to property damage, state laws often establish a specific dollar threshold for damages that triggers mandatory reporting.

For example:

• In Florida, you are required to report if the property damage exceeds $500
• Texas requires reporting of property damage of $1,000 or more

Although you are not required to report minor car accidents under the damage threshold amount, it’s a good idea to report any accident to law enforcement. A police report is an invaluable document for filing an insurance claim.

Notifying Your Insurance Company

Most policies require notification within 24 to 48 hours. Some allow up to 72 hours or as soon as practicable. Check your specific policy terms to find out what your obligations are.

Insurance companies are becoming increasingly strict about their reporting requirements. Failure to comply could result in the denial of insurance coverage or the cancellation of the policy. Many insurance policies include language requiring you to immediately notify them of any accident, regardless of who is at fault.

After an auto accident, it’s common to be contacted by a car insurance adjuster. Adjusters work for the auto insurance company. Their job is to investigate the details of the accident and determine how much the insurer should pay out for the motor vehicle accident claim. Keep all medical records, medical bills, and other medical records related to the injury caused by the accident.

The more details about the accident you can provide, the better. This includes:

• The date of the accident
• Contact information of the other motorist
• The driver’s insurance information
• Medical records
• Any evidence you may have collected at the scene of the accident

If you were not the at-fault driver, consider waiting before giving a statement to the insurance adjuster from the other driver’s insurance company. They can use any information or statements you make in the settlement negotiation process. If you feel unsure or overwhelmed by the claims process, a car accident lawyer can help you with these interactions.

DMV Filing Deadlines

Many states require an accident report to be submitted to their Department of Motor Vehicles (DMV) within 10 days. Some are shorter, like Washington’s four-day deadline. In several states, you must report an accident to the DMV even if police respond to the accident scene.

Reporting Requirements for Serious Accidents

Most states require drivers to call law enforcement for serious accidents. You should contact the local police immediately after an accident and get an accident report from the police department later on if the accident results in:

• An injury
• Death
• Significant property damage

If you’re not sure if an accident was serious enough to involve the police, it’s generally better to err on the side of caution and call them. A police report is extremely helpful when dealing with insurance providers. It gives an official and objective record of the events.

Calling 911 and waiting for police to arrive also helps protect you from a potential hit-and-run charge, which can have serious consequences. For example, under the California Code, if a hit-and-run accident results in injury or death, the offender could face two to four years in prison. The state could also impose fines ranging from $1,000 to $10,000 and imprisonment of up to one year.

What if the Police Don’t Come?

A common scenario that surprises many drivers is when police officers or law enforcement officers fail to respond to the scene of an accident. Police departments may opt not to dispatch police officers in cases of minor car crashes. This can be the case when no injuries occur and the vehicle damage is minimal, such as a minor fender bender involving only property damage. Police officers prioritize certain accidents, responding to car accidents that involve injuries, significant property damage, or pose a hazard to other motorists.

Some jurisdictions, particularly in major cities, implemented policies that affect how law enforcement responds to minor car accidents. In April 2020, New York City expanded its program whereby officers are no longer required to respond to car crashes that only involve property damage. The purpose of this program is to enable police patrol units to respond more quickly to critical emergencies. It also aims to reduce the wait times of residents involved in minor car crashes. Other jurisdictions have adopted similar approaches.

These changes improve the emergency response of law enforcement officers, but place greater responsibility on motorists to document car accidents. If you’re in an accident, be sure to make notes on crucial details, take photos of the incident, and notify your car insurance agent as soon as possible. Exchange information with other parties involved, including phone numbers and insurance information. Don’t forget the other driver’s license plate number.

Self-Reporting Deadlines When Police Don’t Respond

When police officers do not respond at the scene of a car accident, most states require you to file a self-report with the Department of Motor Vehicles within a specific period. The deadline to file often ranges from ten to thirty days after the incident. When you file a self-report, it is your responsibility to ensure that you file it within the designated timeframe.

In some jurisdictions, police officers do not respond to the scene if the accident only involves property damage. Self-reporting and having a record of the incident are still helpful, as they can facilitate a faster and easier insurance claim process with a police report.

California requires drivers to complete and submit the SR-1 Form to report a traffic accident. The driver should submit this form within 10 days of the car accident, particularly if it resulted in injury, death, or damage to property amounting to $1,000 or more. Drivers should submit this form to the DMV regardless of who’s at fault.

On the other hand, Arkansas provides different reporting deadlines. Drivers have 30 days to report the car accident if it resulted in injury, death, or damage to property exceeding $1,000. The longer timeframe gives drivers more time to gather information and file their reports. However, reporting it sooner is always recommended.

Given these variations in the period during which you can file a car accident report, it is important that you check your local DMV requirements. Failure to report within the designated timeframe could result in serious consequences. You can also consult with a car accident attorney who can guide you in understanding the reporting procedures.

How Long Do I Have To Report an Accident to My Insurance Company?

Most insurance policies require notification either immediately or as soon as possible after the accident. Some policies specify exact timeframes, such as within 24 or 72 hours. Contacting them sooner rather than later is almost always the best course of action, but make sure you have gathered all the information possible.

Insurance companies often have hotlines that you can reach out to 24/7. Some even have a mobile application where you can file your report, so it’s possible to alert the insurance company from the scene of the accident. This allows them to open a case file for the incident.

The time limit for filing a car accident report varies by company and insurance policy. If you are unsure about what your policy states, please review it or contact your insurance company for clarification. It’s important to file a claim as quickly as possible. If you don’t follow their rules, your insurance company could deny your claim.

It is important to distinguish between reporting an accident to your insurance company and filing an insurance claim. Although it’s easy to confuse these two steps, they serve distinct purposes and have different deadlines.

Filing a report of the car accident means you’re notifying your car insurance company that a car accident happened. This is where you provide your insurance company with the details of the incident. This includes the time, date, and location of the accident, as well as the names of the parties involved.

Filing an insurance claim is the process of formally seeking coverage for property damages, medical bills, or vehicle repairs from your insurer. This often involves detailed information such as police reports and medical records.

Your insurance policy will specify the timeframe within which you must report a car accident. Most insurance companies require a prompt reporting of the car accident or reporting it within a reasonable period of time. For filing an insurance claim, insurance companies will give additional time beyond the initial reporting timeframe. The timeframe may range from 30 to 60 days or more, depending on the terms of your insurance policy. Check your insurance policy to learn more about the number of days you have to file your insurance claim.

State DMV Deadlines

Many states have laws requiring you to report accidents to the local police department or the Department of Motor Vehicles (DMV) within a certain period. This is often within a few days of the accident. This requirement applies if the accident resulted in bodily injury, death, or significant property damage. These requirements vary by state, so it is essential to be familiar with the laws in your area.

Let’s look at a couple of examples to illustrate the differences:

• Florida requires drivers to file a report with law enforcement agencies for car accidents involving injury, death, or property damage exceeding $500. If a police officer does not file a report, they should submit it to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) within 10 days. You can submit Form HSMV 90011S via email to SelfReportCrashes@flhsmv.gov or mail the completed form to Florida Highway Safety and Motor Vehicles.
• California requires filing a car accident report with the DMV within 10 days if the accident resulted in injury, death, or property damage exceeding $1,000. You, your insurance agent, broker, or other authorized representative can complete Form SR-1 online or mail the form to the California Department of Motor Vehicles.
• New York also requires filing a report to the DMV within 10 days for personal injury, death, or property damage over $1,000. You must complete and mail Form MV-104 to the Crash Records Center.
• In Washington state, you have four days to submit a report if no law enforcement officer investigates the accident. All drivers, pedestrians, or property owners involved in the accident should also submit a collision report online. They can also obtain a collision report from the local police department or the county sheriff’s office.

If you are unsure about your state’s reporting requirements, contact your local police department or find your state’s DMV website.

What Happens if You Don’t Report to the DMV?

Failure to report an accident to the DMV can cause serious problems, including fines or having your driver’s license revoked. In serious accidents involving injuries or deaths, criminal charges are possible.

In New York, the failure to submit a required accident report could result in driver’s license suspension until one is filed. Fleeing the accident scene when an injury or death occurred is a criminal offense under both California and New York state law.

Even if your state doesn’t demand DMV reporting, your insurance company might still require it as part of your policy. If you’re unsure about what’s required in your state or what your insurance policy demands, reach out to your local DMV or talk to a car accident attorney.

If a police officer responds to your accident and files a report, you may not need to file a separate DMV report. In many jurisdictions, law enforcement automatically notifies the DMV. In minor property damage accidents where the police do not respond, you might need to file your own crash report.

Out-of-State Accidents

If you’re involved in an accident while traveling, you’ll generally need to follow the reporting requirements of the state where the accident occurred, not your home state. This can create confusion about deadlines:

• Immediate reporting: Call local police using the state’s emergency procedures
• DMV reporting: File with the state where the accident happened within their required timeframe (typically 10 days, but varies)
• Home state notification: Some states also require you to report out-of-state accidents to your home DMV
• Insurance reporting: Your insurance company‘s deadlines remain the same regardless of location (between 24 and 72 hours)

If you live in Texas but have an accident in California, you’d have to file California’s SR-1 form within 10 days. You’d also need to check if Texas requires notification of the out-of-state incident.

How Long Do You Have To File a Personal Injury Claim?

Each state has its own laws when it comes to the time limit for filing a lawsuit over a car accident. These are known as the statute of limitations. The period often begins on the day the car accident occurred. If you wait three years before filing your personal injury lawsuit, and your state has a two-year statute of limitations, you can lose your chance to seek compensation through court means.

The time limit for personal injury lawsuits varies significantly between states. These deadlines are often found in each state’s negligence provisions, as most car accident claims are based on an at-fault driver who failed to exercise reasonable care. Most states have a statute of limitations of either two or three years, with two years being the most common.

What if You Don’t Notice Your Injuries Right Away?

In cases where the injuries of the parties involved are not immediately apparent, the statute of limitations may not begin to run until the date you learned about the injury or the time at which you should have reasonably discovered it. The legal principle is particularly relevant in car accident cases where injuries such as soft tissue damage, whiplash, or brain trauma may not immediately manifest.

A person injured in a car crash may not realize they suffered a soft tissue injury until a few days after the car accident. In this situation, it would be unfair to bar them from seeking compensation simply because the injury took time to become apparent.

If you begin to suspect you have an injury from a car accident, your statute of limitations starts running from that date. You should act promptly and initiate the process of filing a personal injury claim. The legal principle does not eliminate the deadline to file the claim. Instead, it adjusts the start date.

When considering a lawsuit, it’s a good idea to reach out to a car accident or personal injury attorney. They can provide guidance and support for your car accident case.

Involved in a Car Accident? Seek Legal Advice From an Attorney

If you’re considering filing a lawsuit or need to make an insurance claim after a car accident, it’s important to get every step in the process correct. If you have questions about how long you have to report the accident or whether you need to file a personal injury lawsuit, a personal injury lawyer or a car accident attorney can provide assistance. With their years of experience, they can help you navigate reporting requirements. Most car accident attorneys offer a free case evaluation.