When Is a Car Accident Report Required?

Police may not respond to the scene of the accident. Or maybe you and the other driver are uninjured, your cars are drivable, and you decide to just exchange info and be on your way. Even so, you may still need to file a report with your state’s Department of Motor Vehicles (DMV). This must be done within a specific timeframe. In most cases, failure to report could result in penalties and difficulties with insurance claims.

After being involved in a car accident, it can be stressful and confusing to know what steps to take next. Missing a motor vehicle accident report filing or failing to properly document can harm your case. You could lose your chances of recovering compensation for your personal injuries and damages.

If you need guidance on how to protect your rights in a car accident, contact a car accident attorney near you. They can help you understand the reporting requirements in your state. They can also ensure you take the proper steps in securing your auto insurance claim.

When Must You Report an Accident to the Police?

Understanding when to contact law enforcement is crucial after any car accident. The requirements fall into two categories: accidents where you must call the police before leaving the scene, and accidents where you may need to file a police report later.

A few things to keep in mind:

• Calling police at the scene is required for serious accidents and helps with immediate documentation
• Filing a police report later may be necessary even for minor accidents that meet damage thresholds
• DMV reporting is a separate requirement that may apply regardless of police involvement

When in doubt, it’s generally better to call the police and let them determine whether a report is necessary. This protects you legally and can be valuable for insurance claims, even if the accident seems minor at first.

We’ll get into some more details below.

Accidents Requiring Immediate Police Notification

State laws generally require you to call the police immediately and remain at the scene for accidents involving:

• Any injury or death, regardless of severity
• Property damage exceeding your state’s threshold amount (typically ranging from $500 to $3,000)
• Hit-and-run incidents (whether you’re the victim or witness)
• Government vehicles
• Commercial vehicles (in some states)
• Suspected impaired driving
• Traffic obstructions on major roadways
• Hazardous materials spills
• Disputes about fault or circumstances

Leaving the scene of a crash involving injury or death is a crime in all states, regardless of who was at fault.

When Police May Not Respond

Police are required to respond to accidents involving injuries, fatalities, traffic obstructions, or suspected DUIs. However, they might not respond to minor fender-benders when:

• No one is injured
• Vehicles are drivable
• Damage appears minimal
• Traffic is not obstructed
• No disputes exist between drivers

Even when police don’t respond to the scene, you may still need to file a report later if the accident meets your state’s reporting thresholds.

Self-Reporting When There Was No Police Response

Whether law enforcement fails to respond or file a report, or drivers simply opt to leave the scene of a minor accident, drivers still have options for meeting their legal obligations. Most state DMV offices offer a self-reporting mechanism that allows motorists to document car crashes even without police present at the scene.

In New York, drivers can visit their local police department in person to file a report after a car accident occurs. They can also submit a Report of Motor Vehicle Form (MV-104) to the DMV. Some departments in New York also allow online reporting of car accidents.

Virginia also uses a report form that motorists can use to report a car crash voluntarily. Meanwhile, in Colorado, if a police officer is not present at the scene, motorists have the option to file a car crash report online.

Check your local DMV website for options to report car accidents online. This is a convenient way to report the incident, particularly if it involved only minor property damage or no police officer was present at the scene.

States Requiring DMV Reports Even When Police Respond

In some states, you are still required to file a report with the DMV, even if a police officer arrives at the scene.

Let’s look at some examples:

• In California, the state’s DMV requires drivers to report accidents that involve injury, fatality, or property damage above $1,000. If the accident results in injury or death, the state requires reporting within 24 hours. All drivers should also file a report of the traffic accident with the DMV within 10 days after the accident. The state requires all drivers to report to the DMV, even in cases where a police officer responded at the scene and filed their own report.
• Oregon requires drivers to file a Traffic Collision and Insurance Report 72 hours after the accident, particularly if it resulted in injury, death, or property damage amounting to $2,500 or more. This requirement to file a report with the DMV applies regardless of whether a police officer responded at the scene and filed their own report.
• New York State requires reporting when a car accident results in injury, death, or property damage exceeding $1,000. Drivers must submit a Report of Motor Vehicle Accident (MV-104) to the DMV within ten days of the incident.

States Where DMV Reporting Depends on Police Response

Other states only require drivers to self-report to the DMV if law enforcement authorities are not present at the scene of the incident. Here are some states with this type of rule:

• Florida requires drivers to immediately notify law enforcement agencies through the fastest means of communication if the accident resulted in injury, death, or property damage of at least $500. Florida state law also requires drivers to submit a written report to the DMV within 10 days after the accident if no law enforcement agency investigates the car crash.
• Wisconsin requires drivers to file a report with the Wisconsin Department of Transportation if a law enforcement officer is not present at the scene of an accident. However, if law enforcement is present at the scene of the accident, then they may complete the report.

Out-of-State Accidents

When traveling, you must follow the accident reporting laws of the state where the crash occurs. This means:

• Different thresholds apply: A $500 damage accident might be reportable in Florida but not in Virginia (which has a $3,000 threshold)
• Unfamiliar procedures: Each state has different forms, deadlines, and filing methods
• Dual obligations: You may need to report to both the accident state and your home state
• Insurance consistency: Your insurance policy requirements remain the same regardless of location

You can ask local police about the state’s reporting requirements where the accident occurred. Consider consulting with a local attorney if there were injuries or serious property damage.

Insurance Reporting Requirements

Even if your accident doesn’t meet the threshold for police or DMV reporting, your insurance company likely requires notification. Most insurance policies require reporting within 24-48 hours of any accident, regardless of fault or damage amount.

Failure to notify your insurance company promptly can result in claim denial or policy cancellation, even for minor accidents that don’t require government reporting. So, it is best to contact your insurance agent even for minor fender benders.

Check your specific policy for exact timeframes and requirements.

Special Car Accident Reporting Rules

In addition to standard car accidents, there are specific scenarios that require unique reporting requirements.

Company or Fleet Vehicles

In some states, special reporting rules apply if the vehicle involved is a company or fleet vehicle.

For example, Texas has specific rules for certain vehicles. If the car crash involves a fleet or company vehicle operating under a special permit, the report to the DMV must include extra information, including both the number of axles and the vehicle’s weight. Texas law also requires law enforcement officers to file a written report of any crash that occurs. This applies when the crash results in injury, death, or property damage above $1,000.

Parking Lot and Private Property Accidents

Police may not respond to accidents on private property in all jurisdictions, especially for minor property-damage-only accidents. However, the same reporting laws apply in parking lots, and you should take the same steps after a car accident as you would after an accident on a public road.

There are states that have laws specifically mentioning or extending to private properties and commercial parking areas.

For example, in Texas, the Transportation Code specifically extends to private residential property, garages, and parking lots. This means that if a car accident occurs in any of these areas, the same reporting rules apply as those on public roads.

Meanwhile, the Georgia Code specifically mentions that it applies to motor vehicles in parking lots, shopping centers, and private parking spaces that are often used by the general public. Police are also allowed to write reports on incidents that happen in these locations.

Remember that even in cases when DMV reporting is not required, you should notify your insurance company about parking lot accidents. Most insurance policies require you to report any accident that could result in a claim.

Accidents Involving Pedestrians or Cyclists

Bicycle crashes or accidents involving pedestrians are generally reportable to the DMV in most states when they result in bodily injury, death, or property damage that meets the state’s threshold.

In California, the form that drivers use to report traffic accidents to the DMV specifically requires them to identify any pedestrians, bicyclists, and other individuals involved in the car crash.

When documenting bicycle or pedestrian accidents, it is crucial to document the scene. Take photographs, gather witness statements, and record the road conditions. It is also helpful to note the details related to road visibility and who has the right of way. Detailed documentation is helpful for insurance claims and potential legal action.

If the car accident only involves damage to property, states often do not require DMV reporting. However, it is still best to check with your local DMV, as these rules may vary.

Single-Vehicle Accidents

In most states, drivers should report car accidents to law enforcement authorities if they result in property damage exceeding a certain dollar amount.

If the accident damages anything other than your motor vehicle, such as a street lamp, fence, or guardrail, you should still report it to your local police.

In California, the Vehicle Code specifically requires drivers to report to the police if the car accident resulted in damage to any property.

In Texas, the state law asks drivers to take reasonable steps to notify the owner of the property damage or the person in charge of the property. The law also makes it a misdemeanor to violate the reporting requirement.

Accidents Involving Uninsured Drivers

If you are involved in a car accident with a driver who does not have insurance, the same rule applies when it comes to notifying law enforcement authorities. Supporting documentation and a police report become especially important. This document will support your claim under motorist coverage and also when claiming with your insurance company.

There are states that have special procedures for reporting uninsured drivers. For example, in Washington, drivers can submit a claim for damages to the Department of Licensing within 180 days of the accident if the uninsured driver fails to pay for damages. To qualify, the car crash should have resulted in either bodily injury or property damage of at least $1,000. The state may also suspend the driving privileges of the at-fault party who does not pay.

Hit and Run Accidents

If a driver leaves the scene of an accident without stopping, law enforcement authorities classify this as hit and run. This act is a serious offense in most states and could result in criminal penalties, including fines, jail time, and loss of driving privileges. In cases that involve a hit-and-run driver, the injured party should notify a law enforcement officer within 24 hours or as soon as reasonably possible.

What Happens If You Don’t Report a Car Accident?

If you don’t report your accident when required, you could face serious problems. The penalties vary depending on where you live, but in most cases, they involve a monetary cost and may affect your driving privileges.

Your state can punish you for not filing a required accident report. An example of this can be seen in the state of California. If you live in California and you failed to report a car accident within the required deadline, you risk losing your driver’s license.

New York Vehicle and Traffic Law requires everyone involved in a reportable accident to file their own Report of Motor Vehicle Accident. If you were in the crash and it meets the reporting threshold, you must file a report. This applies even if you did not cause the car accident. The DMV can suspend your driver’s license if you do not file a report. This suspension stays until you submit the report.

Your insurance company can also make your life difficult if you don’t report an accident. Insurance companies often require reporting “as soon as practicable.” This generally means within 24 to 48 hours.

Failure to meet these reporting deadlines can raise your insurance premiums, even if the accident was not your fault. They could also deny your insurance claim entirely, emphasizing that you violated the insurance policy for failure to report. In some cases, insurance companies would also cancel your policy and deny your future insurance coverage.

Find Legal Assistance for a Car Accident

If you are involved in a car crash, consulting a car accident attorney helps ensure that you follow the proper procedures when reporting the accident. They can also look into the circumstances surrounding your case and ensure you have all the documentation you need to file a claim. They can also represent you in court if necessary. Contact a car accident attorney near you to have guidance on the reporting and claims process.