Legal Obligation to Report Accident (Sacramento: rental car, rental, insurance)

[cajun46]

Hi. A family member was in an accident, no other parties involved. No property damage except to the car. The damages are over 1K. Only liability insurance. Are they legally obligated to report it to insurance? What about the SR-71 form? If they fill out an SR-71 form, does that go back to insurance anyway?

[joosoon]

SR71 is a high altitude spy plane. I think you mean SR1 form.
As far as I know, it's only required if there's property damage to another party.

[NORTY FLATZ]

The SR-71 is known as "The Sled."

A FAST sled.

A REALLY EFFIN' FAST SLED...

[cajun46]

Haha! I thought it was a coincidence. My mistake.

[cb73]

Originally Posted by cajun46

Hi. A family member was in an accident, no other parties involved. No property damage except to the car. The damages are over 1K. Only liability insurance. Are they legally obligated to report it to insurance? What about the SR-71 form? If they fill out an SR-71 form, does that go back to insurance anyway?

Accident needs to be reported in the event of injury, death or property damage (other car, pole, etc.) of over $1000. There is nothing that requires a report if none of those exist.

In this situation, most people do the report so they can use it to back up a claim to their insurance company. If that isn't needed, then there's no point to do it.

[1200RT]

Originally Posted by cb73

Accident needs to be reported in the event of injury, death or property damage (other car, pole, etc.) of over $1000. There is nothing that requires a report if none of those exist.

In this situation, most people do the report so they can use it to back up a claim to their insurance company. If that isn't needed, then there's no point to do it.

This is almost, but not entirely true...

... where did the accident take place? By the letter of the law, any property damage (including personal property damage to the vehicle) is reportable. IME most unreported single vehicle traffic collisions are due to negligence or racing (not making an accusation, just my experience). So - what happened?

16000(a)cvc The driver of a motor vehicle who is in any manner involved in an accident originating from the operation of the motor vehicle on a street or highway, or is involved in a reportable off-highway accident, as defined in Section 16000.1, that has resulted in damage to the property of any one person in excess of one thousand dollars ($1,000), or in bodily injury, or in the death of any person shall report the accident, within 10 days after the accident, either personally or through an insurance agent, broker, or legal representative, on a form approved by the department, to the office of the department at Sacramento, subject to this chapter. The driver shall identify on the form, by name and current residence address, if available, any person involved in the accident complaining of bodily injury.

and....

16000.1(b)cvc
A “reportable off-highway accident” does not include any accident that occurs off-highway in which damage occurs only to the property of the driver or owner of the motor vehicle and no bodily injury or death of a person occurs.

[cb73]

Originally Posted by 1200RT

This is almost, but not entirely true...

... where did the accident take place? By the letter of the law, any property damage (including personal property damage to the vehicle) is reportable. IME most unreported single vehicle traffic collisions are due to negligence or racing (not making an accusation, just my experience). So - what happened?

16000(a)cvc The driver of a motor vehicle who is in any manner involved in an accident originating from the operation of the motor vehicle on a street or highway, or is involved in a reportable off-highway accident, as defined in Section 16000.1, that has resulted in damage to the property of any one person in excess of one thousand dollars ($1,000), or in bodily injury, or in the death of any person shall report the accident, within 10 days after the accident, either personally or through an insurance agent, broker, or legal representative, on a form approved by the department, to the office of the department at Sacramento, subject to this chapter. The driver shall identify on the form, by name and current residence address, if available, any person involved in the accident complaining of bodily injury.

and....

16000.1(b)cvc
A “reportable off-highway accident” does not include any accident that occurs off-highway in which damage occurs only to the property of the driver or owner of the motor vehicle and no bodily injury or death of a person occurs.

Yes, that's the letter of the law, but the reality is that people who don't have car insurance, or who self-insure (almost all rental car companies and various other large companies) routinely don't report accidents that don't involve other cars or other people's property. Most rental car companies don't even report cars that have been totaled or flood damaged (which is why you need a good inspection before you buy a prior daily rental.)

[joosoon]

Originally Posted by cb73

Yes, that's the letter of the law, but the reality is that people who don't have car insurance, or who self-insure (almost all rental car companies and various other large companies) routinely don't report accidents that don't involve other cars or other people's property. Most rental car companies don't even report cars that have been totaled or flood damaged (which is why you need a good inspection before you buy a prior daily rental.)

Besides that, the OP says the family member in question only carries liability insurance so there's literally no reason to report anything to insurance (they're not going to care) and nothing to tell the CA DMV unless they want a point on their license for no real reason.