Quick Summary: Car Accident Reports
- Most states require an accident report for crashes involving injuries or significant property damage.
- A police report records crash details and may include an officer’s initial view of fault.
- How long an accident stays on your record depends on state and insurer rules.
- Filing an insurance claim may affect how the accident appears in your insurance history.
A car accident report creates an official record of a crash. But not every accident requires one. If you are in a minor fender bender on the road or in a parking lot, you may exchange phone numbers with the other driver and agree to handle the repairs privately. Weeks later, however, you may have a repair bill and wonder whether the crash should have been reported.
Those kinds of situations can lead to two questions: Do you need a car accident report? How long does it stay on your record? The answer depends on your state’s reporting rules and the circumstances of the crash. Singh Ahluwalia Attorneys at Law can help you understand what an accident report contains and how it may affect an insurance claim or legal case.
Police Reports and Driver-Filed Reports Are Two Different Documents
After a crash, you may encounter two different types of reports. A police officer may prepare a report at the scene, while you may also have to file a separate report with your state’s DMV or another state agency. The requirements vary by state and depend on the circumstances of the crash.
The Car Accident Police Report
A responding officer prepares a car accident police report, sometimes called a traffic collision report. It usually records basic details about the crash, along with information from the drivers, witnesses, and any citations the officer issued.
Police reports can also be used for traffic safety research, including NHTSA’s Crash Report Sampling System, which uses police-reported crashes to track national crash trends.
The DMV Accident Report You File Yourself
A DMV accident report is different because you, rather than a police officer, complete and submit it. Depending on the state, you may need to file one after a crash that causes a certain amount of property damage, involves an injury or death, or meets another reporting requirement.
For example, California requires drivers to submit an SR-1 after certain crashes, generally within 10 days. Filing this report may satisfy a separate legal requirement, but it does not replace a police report.
When to File an Accident Report
You may need to file an accident report if your crash meets certain requirements under state law. This can happen when someone is injured or when the damage reaches the amount set by your state. Filing deadlines also vary, so make sure you know what the law requires in the jurisdiction where the crash occurred.
- Injuries or death: If someone is injured or dies in a crash, most states require a report. This requirement can even apply if the vehicles have only minor damage.
- Damage Above the Limit: Some states require you to file a report if the damage is above a certain property damage limit. The amount may vary from state to state.
- Filing Deadline: After a crash, you may have a limited window in which to file. In some states, drivers get as little as 24 hours and in others as much as 30 days.
- Penalties for failing to file: If you are legally required to file a report and you do not, you may be subject to a fine or other penalties. This may include, in some states, suspension of a driver’s license.
Your Driving Record and Insurance Databases Track Crashes Separately
A crash does not necessarily appear in just one record. Your state driving record and insurance databases track different information and are used for different purposes.
State DMV Driving Records
Your driving record is maintained by the agency that issues your license. It may include the following: reportable crashes, citations, convictions, and actions against your license. Employers as well as insurers may request this record, and some states add points for certain violations.
Insurance Databases: CLUE and A-PLUS
Common databases like LexisNexis’ CLUE report and Verisk’s A-PLUS are also used by insurers. These contain your claims history, including information about reported claims and their payouts. Insurers may review this information during insurance underwriting when you apply for coverage or renew your policy.
How Long Does a Car Accident Report Stay on Your Record
There is no single answer because the time can vary by state and by the type of record involved. A crash can stay on your driving record for many years, but your insurance database may keep claim information for a different length of time.
- Fault determination: An at-fault accident may stay on your record longer or have a greater effect on your insurance than a crash caused by another driver.
- Claim severity: A serious claim could affect your insurance history longer than a minor claim.
- State regulations: State laws determine how long some information stays on your driving record and how points are handled. So the same crash can be handled differently from one state to another.
- Insurer policy: Insurance companies have their own rules about how far back they look at your history. Recent accidents often have a greater effect when the insurer calculates your insurance premium.
Filing an Insurance Claim or Paying Out of Pocket
When you file a claim with your car insurance company, you are asking the company to reimburse you for the loss under your policy. The company will review the accident and the damage, and the claim could then be included in your insurance record. It might also affect the amount you pay for coverage later.
When you pay out of your own pocket, you cover the repair costs yourself rather than asking your insurance company to pay. Although this might seem like a straightforward decision after a small collision, the costs could change if the damage turns out to be more serious than expected or an injury shows up later.
If the accident involves an injury, car accident injury claims may involve issues beyond the cost of repairing your vehicle.
How to Request a Copy of Your Accident Report
You can start by finding the police department or state agency that prepared your accident report. Check their website to see if you can submit an accident report online. If online requests are not available, you can contact the agency’s records office to ask whether you need to submit the request by mail or in person.
You may need the following information to request your report:
- Report number
- Date of the crash
- Location of the crash
- Names of the drivers involved
Some agencies charge a small fee for copies. You also may need to show identification or proof that you were involved in the crash.
How Accident Reports Shape Fault and Claim Outcomes
An adjuster’s liability assessment often starts with the accident report. This report can influence the insurer’s view of fault and may affect settlement discussions. However, this doesn’t mean that the report is the final word on liability, especially if other evidence tells a different story. Police report fault determination can depend on the report and the evidence available.
That is why it is important to check the report for errors. In case something is wrong, the right evidence can help you understand what actually happened. Photos of the scene can show the road conditions or vehicle positions. Dashcam footage may capture the moments leading up to the crash. Having witness statements can also help fill in missing details.
Accident Forgiveness and Correcting Errors on Your Record
A crash does not always stay on your record without any way to challenge it. Your insurer may offer accident forgiveness, and you may be able to dispute inaccurate information.
- Accident forgiveness: Some insurers may waive a surcharge after a first at-fault accident, but the terms vary by insurer and state.
- Free annual copies: You can request your insurance file from specialty consumer reporting companies listed on the CFPB.
- Disputes: If your file contains a claim you never made or other incorrect information, you can submit a written dispute with supporting documents.
- DMV corrections: If your driving record contains an error, you will need to follow your state’s process for challenging the entry.
Car Accident Reports FAQ
How long does an at-fault car accident stay on my insurance record compared to a not-at-fault accident?
Both may remain in insurance databases for several years, but an at-fault accident can have a greater effect on your rates. How long it affects your premium depends on the insurer and state.
Will a car accident show up on my record if I do not file an insurance claim?
It can. A reportable crash may appear on your driving record even if you do not file an insurance claim. Insurance databases may also contain information about the accident if it was reported to an insurer.
How does a police report affect who is found liable in a car accident claim?
A police report can influence how an insurer views fault, but it does not automatically decide who is liable. The insurer may also consider photos, vehicle damage, medical records, and witness accounts. If the report is inaccurate, other evidence may help show what actually happened.
Talk With Singh Ahluwalia Attorneys at Law About Your Accident Report
An accident report can affect how an insurance company views your claim, especially when the report contains information that is disputed or incorrect. Singh Ahluwalia Attorneys at Law can review the report and other evidence with you.
Call (559) 878-4958 to arrange a consultation when you are ready.
