California - accident procedures

[luv2roq]

What is the name of your state? California

I was rear ended tonight while sitting at a red light. The guy said that he hit the gas instead of the brake by mistake.
My question is this: I exchanged info with the guy and all that but no police were notifed. My dad tells me how stupid I am for not having called the cops but I don't have a clue what the proper thing to do in those situations would be.
Do I need to call them now, after the fact, even though there is no scene to visit? Or should I call them? Will it be counted against me as a black mark on my record with my insurance company?

And BTW, my neck and shoulders are hurting me today, but I did not say anything at the scene.
What is your opinion on my situation and how should I proceed from here?

 

[I AM ALWAYS LIABLE]

My response:

Take heart, unless you complained of injuries and the Paramedics were called, the police or Highway Patrol wouldn't have taken a report anyway - - time consuming, and budgetary cuts. So, your Dad was wrong.

However, you can still go to your nearest police division and fill out an accident report/statement, supplying all information you received at the scene. It "may" come in handy at time of Arbitration if this matter goes into litigation.

However, after you're done making your report, call a Personal Injury attorney and get represented! Do NOT talk to anyone - - not even your own insurance company - - UNTIL you're represented by counsel. Then, through your attorney, you can make all the necessary statements.

Just, for now, keep your mouth closed, make the accident report, and get an attorney on board.

Good luck.

IAAL

 

[Crazyhorse]

there are penalties stipulated by the DMV for not reporting an accident over $500[?]. are these penalties ever asessed?

 

[I AM ALWAYS LIABLE]

there are penalties stipulated by the DMV for not reporting an accident over $500[?]. are these penalties ever asessed?

My response:

Our writer has 10 days from the date of the accident, in addition to the police report, to also fill out an SR-1 form for the DMV. If our writer reports the accident to his/her insurance company, and obtains legal representation immediately, the SR-1 will get done and mailed to the DMV.

And the threshold amount is now $750.00.

IAAL

 

[luv2roq]

I called the other guys insurance this morning firstthing and filed my claim. Now, does this mean that THEY will automatically file a SR1 with the dmv or am i still responsible for that?
And I am unclear on your answer about the cops. Should I or should not i file a report with them?
Thanks

 

[I AM ALWAYS LIABLE]

I called the other guys insurance this morning firstthing and filed my claim. Now, does this mean that THEY will automatically file a SR1 with the dmv or am i still responsible for that?

MY RESPONSE: They are responsible for THEIR insured, and will prepare an SR-1 for their insured's signature. Not you. You're still liable to prepare, sign and mail your own SR-1 and mail the same to the DMV. The DMV gets two, completed, SR-1 forms - - one from EACH party.


And I am unclear on your answer about the cops. Should I or should not i file a report with them?
Thanks

MY RESPONSE: Make the report. Go to the nearest police division and fill out an accident report.

IAAL

 

[luv2roq]

You said : " You're still liable to prepare, sign and mail your own SR-1 and mail the same to the DMV"

Ok , forgive me for being dense....
I have to mail TWO ? to whom doe sthe other go to ? My insurance????
But I do not want to be penalized for it!!

 

[I AM ALWAYS LIABLE]

My response:

Today is not my day for "hand-holding". I'm sorry. Ask Hexy, or StephenK, as I see both of their names on the roster as being in charge of "hand-holding" today.

IAAL

 

[hexeliebe]

Hexy is out to lunch today (and most days).

I am his evil twin brother.

May I help?

 

[luv2roq]

as i already aknowledged, yes I was being dense....but I did not think it would offend you so.


Anyways, never mind cause I went and got an estimate and its only $380 in damages so the whole SR-1 thing I guess is a moot issue

 

[mykoleary]

as i already aknowledged, yes I was being dense....but I did not think it would offend you so.


Anyways, never mind cause I went and got an estimate and its only $380 in damages so the whole SR-1 thing I guess is a moot issue

$380 to yours, and how much damage to theirs? W/o knowing that, how do you possibly know if you fall under the threshold?? Go file your damn SR-1 already!

 

[stephenk]

$380 damage to your car and you now have neck and shoulder injuries?

IAAL made a good suggestion at first to consult with a PI attorney. But now I doubt any respectable PI attorney would take your case. The amount of damage to your car raises a big question on how hurt you may be . Wait a week to see if the pains go away.

Your best bet would be to make a claim for the property damage against the other driver's carrier.

Forget the SR-1 filing. if the other driver's damage is more than $750 let them file the form.

 

[luv2roq]

Forget the SR-1 filing. if the other driver's damage is more than $750 let them file the form.

The DMV will nail me if he files and I do not file. If neither one of us file then I would be okay. If only one of us does then the other one gets in trouble.

As far as the pain goes, as it amounts to is simply soreness and muscular stiffness, most likely brought on my simple tension. I already files with the other guys insurance and told them I was not hurt.

But now I feel really badly cause now that i know how little my repairs will cost, me and the other guy could have just settled this without his insurance being involved. His deductible is no doubt higher than the cost of repair!! Oh well, I guess I had to file my claim with them...just in case