My car was hit while parked no note - I have to file CA SR-1?

What is the name of your state? CA

My car was hit in San Francisco by another vehicle (hit and run) causing over $1000 damage. I put in a claim to my insurance, they approved repairs, I never even spoke to my claim's adjustor. It's a good thing because the hold times are ridiculous for my insurance provider - 21st Century.

Anyway, today I received a letter requesting an SR-1 be filed. What? This isn't an accident on MY driving record now, is it? I was told when I made the initial claim that this would NOT be handled as an accident because the car was parked - but now apparently I must fill out and take points on my driver's license?

Help! I don't want to call my insurance adjustor without some kind of intelligent understanding of why I might need to comply with this.

Thanks

[divgradcurl]

From the SR-1 form itself:

"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. Accidents occurring on December 31, 2002, or prior must result in damages to any one person’s property in excess of $500,
and accidents occurring on January 1, 2003, or after must result in damages in excess of $750 to be reported. Accidents involving
vehicles not required to be registered such as an off-road vehicle (OHV), implement of husbandry, or snowmobile or occurring on a
military base or occurring on the driver’s own property involving only the personal property of the driver and there was no injury or death
are not reportable.
The law requires the driver to file this SR-1 form with DMV regardless of fault. This report must be made in addition to any other report
filed with a law enforcement agency, insurance company, or the California Highway Patrol (CHP) as their reports do not satisfy the filing
requirement. An insurance agent, attorney, or other designated representative may file the report for the driver."

Just because you weren't driving at the time doesn't mean it wasn't an automobile accident, and the $$$ amount certainly meets the statutory minimum.

You won't be assessed points on your record unless you are found at fault for the accident.

[I AM ALWAYS LIABLE]

My response:

If you were NOT driving the vehicle at the time of the accident, then you AREN'T required to file an SR-1.

California Vehicle Code section 16000(a) states:

"16000. (a) The **driver** of every motor vehicle who is in any manner involved in an accident originating from the operation of a motor vehicle on any street or highway or any reportable off-highway accident defined in Section 16000.1 that has resulted in damage to the property of any one person in excess of seven hundred fifty dollars ($750) or in bodily injury or in the death of any person shall, within 10 days after the accident, report 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 the provisions of 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.


If our writer wasn't driving or operating the vehicle, e.g., sitting behind the wheel at the time of the accident, then the SR-1 filing requirements do not apply.

IAAL

[divgradcurl]

Sorry for the misinformation, IAAL, I guess the SR-1 wording had me a bit confused.

[I AM ALWAYS LIABLE]

Originally posted by divgradcurl
Sorry for the misinformation, IAAL, I guess the SR-1 wording had me a bit confused.

My response:

That's okay. You learned something new today. A lot of people get confused by the reporting requirements and the law. Now, you'll understand the difference for the future.

IAAL

Thanks for the info IAAL! I feel a little more armed for when my adjuster calls today. I may be updating this thread with new questions after the call, heh.

Cheers!