According to California Vehicle Code 20008, drivers are required to report the incident to police within 24 hours of being in an accident. Even if you were not at fault, you were required to report the accident to the police.
Failure to report an accident can result in fines and license suspension.
Am I Legally Required to Report an Accident to the Modesto Police?
When it comes to reporting an accident to the Modesto Police, several regulations govern when a driver must report an accident. They can get confusing if you read them from start to finish, so here is a brief summary for your convenience. Drivers must report an accident in California if:
- Anyone is injured, even minor scrapes and bruises count
- Anyone is killed in the accident
- Property damage reaches or exceeds $1,000, this includes damage to personal property as well, not just the vehicle
- Any drivers involved were operating a motor vehicle without a license
- Any drivers involved were intoxicated at the time of the accident
If you find yourself in the unfortunate situation of being in an accident in Modesto, it is recommended to always report it to the police. Failing to report when required can result in fines, loss of driving privileges, and even criminal charges. By law, a citizen of California has 10 days to report their accident to the police, starting from the day the accident occurred.
How Long Do You Have to File an Auto Insurance Claim in Modesto
Auto insurance claims abide by the typical statute of limitations of any personal injury claim. Personal injury claims, such as auto accidents, have a statute of limitations of two years from the day of the accident. Auto insurance claims usually require evidence and witness statements to prove liability, so it is important to file a claim as soon as possible. Evidence can deteriorate over time and witnesses may forget critical details, which can be harmful to your claim.
Exceptions to the Statute of Limitations in California
In most cases, the statute of limitations for car accidents begins on the date the collision took place. However, the time can vary based on the following facts:
- Injuries: An injury can take time to form or for the injured victim to become aware of their injury. The discovery of an injury can postpone the start date for the statute of limitations on a claim.
- Wrongful death: a person may lose their life at a much later date due to health complications from the accident. In this case, the victim’s family will be given two years from the day they lost their loved one to file a claim.
Factors that can shorten the statute of limitations are claims against the government. Claims against the government must be filed within 6 months of the accident, or the date of the injury.
What to do After a Car Accident In California
The steps you take after a car accident will be important to ensuring you and your passenger’s safety, as well as protecting your right to compensation if you decide to take legal action. After a car accident, you should:
- Ensure the safety of you and your passengers: Depending on the situation, this could mean moving your car to the side of the road, or if you are severely injured, it could mean remaining where you are until help arrives. Check yourself for burns, lacerations, or broken bones. Oftentimes, the adrenaline from an accident can mask the pain from major injuries.
- Call the Police: The police will file an accident report and take down the names of everyone involved, as well as assign fault based on the evidence in front of them. A police report will serve as evidence if you need to back up your claims later.
- Document the incident: Take photos or film the aftermath of the bus accident. Film yourself recounting the details of the incident and describe the pain you’re in. It is best to capture how the accident played out while the memory is still fresh in your mind.
- Gather witness statements and driver information: Film or record witnesses willing to give a statement about the accident. Take down their names and phone numbers. Take a picture of the other driver’s license and license plate number. Take down the contact information. All of this information will help support your claim and assist your attorney in building your case if you end up taking legal action.
- Do NOT admit fault: Don’t admit fault even if you feel you may have caused the accident. Allow the police to conduct their investigation and determine fault.
- Get Medical Attention: Even if you feel fine, it is important to get checked out by a doctor or go to a hospital. Certain injuries can lie dormant and manifest themselves hours, or even days later.
- Notify your insurance of the accident: Notifying your insurance of the accident is typically a part of any auto insurance policy. Failing to report accident can result in a dismissal of your policy agreement, depending on the contract you signed with your insurance company.
The Importance of Getting an Accident Report
After an accident, it is normal to be too overwhelmed with medical appointments, managing insurance companies, and keeping up with daily life while you’re recovering. However, having an accident report is crucial information necessary to recover compensation from your vehicle accident claim.
Accident reports detail how the collision occurred and should include:
- Names and contact information of the involved drivers
- Parties of interest, such as passengers, property owners, vehicle owners, drivers, witnesses, and anyone else involved
- Date, time, and location of the accident
- Citations for any type of driving behavior, including whether a driver was intoxicated, speeding, or otherwise violating traffic laws
- Police officer’s opinion as to who or what caused the accident
Since police reports can contain hearsay statements, it is important to remember that accident reports cannot be used as evidence in your car accident claim. However, they include important information that a Car Accident Lawyer and the insurance company will use to determine liability.
Step-by-Step: Police Report Retrieval after a Car Accident in Modesto
Obtaining a copy of the traffic collision report is essential for insurance claim and any potential legal action you may take. Here are the necessary steps to retrieving your police report:
- Identify the Reporting Agency: determine whether the accident was reported to the local police or the California Highway Patrol (CHP). This is usually dependent on where the accident took place.
- Gather Information: the more information you have, the easier it will be to retrieve your report. According to the Transportation Injury Mapping System, Lancaster averages around 300 car accidents per year, so there will most likely be a lot of accidents to sort through. The information needed includes: date, time, location, name of drivers, and your contact information.
- Request the Report: you can visit the Modesto Police Station in person to request a report, submit a request online, or you can submit a request via mail if online requests are unavailable.
- Allow Time for Processing: it can take several business days or weeks for the report to be processed and available.
Contact a Modesto Car Accident Lawyer for Legal Help
If you’re concerned about the next steps you should take, contact Maison Law Accident and Injury Lawyers of Modesto for any questions concerning your incident. Our team of accident attorneys understands how to analyze police reports and will conduct a full investigation into the details of your accident if necessary.
Contact us today for a no-cost, no-obligation consultation.