• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Help! Need Advice

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

coseystar

Junior Member
What is the name of your state? CA

I was hit when a driver ran a red light in her boyfriends car. She was ticketed for driving w/o a license but claims she has one and driving without proof of insurance. Owner of vehicle just wants to settle outside of system. After accident, I found out that my insurance was cancelled 5 days before the accident due to mail problems. My uncashed payment check has not returned to me nor has it reached the insurance agency. Has insurace for 16 years w/company. Should check turn up, I will have proof and be covered.

Problem is, damage exceeds $750 and am negotiating with lawyer/owner of other vehicle for damages. On the reverse of the SR 1 form, it states that I have 10 days to file and Accident Report with the DMV, then in the instructions below, it states:

"DMV does not accept reports or take actions against non-reporting or uninsured motorists unless this SR-1 form is sent to the DMV by someone involved in the accident or their designee and the report is received by DMV within one calander year of the accident date"

Because both drivers are technically uninsured, can I hold off on filing this report for a year to avoid it going on my record and having my license suspended or would this hurt me down the line should I take the other party to court?

What are the possible reprocussions of holding off or not filing this form?
 


Happy Trails

Senior Member
coseystar said:
What is the name of your state? CA

I was hit when a driver ran a red light in her boyfriends car. She was ticketed for driving w/o a license but claims she has one and driving without proof of insurance. Owner of vehicle just wants to settle outside of system. After accident, I found out that my insurance was cancelled 5 days before the accident due to mail problems. My uncashed payment check has not returned to me nor has it reached the insurance agency. Has insurace for 16 years w/company. Should check turn up, I will have proof and be covered.

Problem is, damage exceeds $750 and am negotiating with lawyer/owner of other vehicle for damages. On the reverse of the SR 1 form, it states that I have 10 days to file and Accident Report with the DMV, then in the instructions below, it states:

"DMV does not accept reports or take actions against non-reporting or uninsured motorists unless this SR-1 form is sent to the DMV by someone involved in the accident or their designee and the report is received by DMV within one calander year of the accident date"

Because both drivers are technically uninsured, can I hold off on filing this report for a year to avoid it going on my record and having my license suspended or would this hurt me down the line should I take the other party to court?

What are the possible reprocussions of holding off or not filing this form?

The form states the following: California law requires traffic accidents on a California street/highway or private property to be reported to the Department of Motor Vehicles (DMV) within 10 days if there was an injury, death or property damage. Untimely reporting could result in DMV suspending a driver license.

The second part answers your other question, that DMV doesn't take action against people not reporting UNLESS someone that was involved in the accident files one.

But you and the other driver are required by law to file this report within 10 days, because the damage was over $750.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top