Can I get in trouble for not reporting an accident to my insurance company?

Asked by: Ruth Hettinger I  |  Last update: March 8, 2025
Score: 4.4/5 (47 votes)

Home > Car Accident Personal Injury Lawyer > What Happens If You Don't Tell Your Insurance Company About an Accident? Not reporting an accident to your insurance company is a bad idea. You could end up having your policy canceled, and even get accused of the crime of leaving the scene of an accident by the other party.

How long do you have to report a car accident to your insurance?

How Long Do You Have to Report an Accident to Insurance In California? Insurance Claim Time Limit. California car insurance companies may have different requirements and procedures for filing an accident claim. In California, personal injury claims from accidents must be filed within two years from the incident date.

How long after an accident can you be cited?

If a traffic camera captures evidence of a violation that contributed to an accident, officers may use this footage to issue a ticket to the responsible driver, even if they were not present at the scene. This can result in a delayed ticket being issued days or even weeks after the accident occurred.

Can you file an insurance claim without an incident report?

When It's Not Mandatory: For minor accidents without injuries or significant property damage (under $1,000), a police report isn't necessary. However, you must file an SR-1 form with the DMV if damages exceed $1,000.

Should I report an accident to my insurance if it wasn't my fault?

Fourth, and perhaps the most important reason you should contact your insurance company after an accident, is that the other driver may claim that you are at fault and pursue a claim against you. Even if you know you weren't the cause of the collision, you do not want to have to pay the cost of defending yourself.

Should I Report My Car Crash To My Insurance Company If It’s Not My Fault? – CA Lawyer Frank Nunes

24 related questions found

What happens if you don't tell your insurance about an accident?

There is no California law per se about notifying your insurance company after a collision, but your auto insurance policy is a contract. When you signed it, you agreed to the stipulations in the contract, which will almost certainly include the requirement to notify the insurance company promptly after an accident.

When someone hits you, do you call your insurance or theirs?

You should call both, regardless of who you think is at fault. If it turns out the other driver is at fault, their insurance will pay, but it's helpful to have your insurance company involved.

Does a non reportable accident go on your record?

In California, it will go on your driving record if a police report was made, if the DMV was notified, or both. If no police report was made, but the damage to anyone's property (e.g. a car) exceeded $1,000.00, than the DMV must be notified of the collision within 10 days on form SR-1.

What happens if you don't file an insurance claim?

If you fail to report a car accident and another party later makes a claim against your insurance for compensation, your insurance company could say that you never reported an accident and refuse to make good on your coverage. Then, you would have to pay out of pocket.

Do you have to call police after a minor car accident in New Jersey?

New Jersey requires you to call the police and report an accident if anyone gets injured or if property damage exceeds $500. You should call the cops and let them know where you are, and then they can come and fill out a police report.

How late after an accident can you claim?

The California statute of limitations sets specific deadlines for filing lawsuits. For personal injury cases like car accident lawsuits, you have two years from the date of the accident. If you're dealing with damage to your vehicle but no injuries, you have three years to file.

How long does an accident stay on your record?

In California, accidents typically stay on your driving record for a period of three years from the date of the accident. During this time, the accident will be considered a public record and, therefore, accessible by insurance companies, potential employers, and law enforcement agencies.

Whose insurance company do I call after an accident?

But perhaps you're unclear about the process. You might think that calling the other driver's insurance first makes sense since they hit you. Actually, you'll be better off contacting your insurance company first instead of depending on the other driver. Let's find out why.

What to do if someone falsely claims you hit their car?

Report the Incident

You don't want them to hear from the other party first. Be detailed: Provide them with all the information you've gathered—photos, videos, witness names, and details about the incident. Ask for advice: Your insurance company will guide you on how to proceed and whether further action is needed.

What if I don't report an accident to my insurance?

Under California law, failing to report an accident can result in criminal charges. If the accident resulted in injury or death, the failure to report can be considered a misdemeanor or even a felony, depending on the severity of the injuries or the circumstances of the accident.

Will my insurance go up if I don't file a claim?

However, car accidents that cause injuries or property damage to other parties should be reported to the insurance company immediately, even if the other party wants to “keep insurance out of it.” Failure to report an accident — or to stay at the scene of an accident — can be a significant legal misstep and could cause ...

What happens if you don't call your insurance after an accident?

Failing to contact your insurance company shortly after being in a car accident can lead to them denying your claim. Waiting to contact your insurance company can also make it more difficult for the insurance company to investigate your case, which could lead to you receiving a lower settlement amount.

When must an accident be reported?

NB: A report must be received within 10 days of the incident. For accidents resulting in the over-seven-day incapacitation of a worker, you must notify the enforcing authority within 15 days of the incident, using the appropriate online form.

Does a car accident go on your criminal record?

Car accidents themselves usually don't appear on standard criminal background checks.

What is considered a non reportable incident?

A non recordable incident is the workplace incident which does not involve death, injury or illness that requires medical treatment beyond first aid, days away from work, restricted work, transfer to another job, loss of consciousness, a significant injury or illness diagnosed by a physician or other licensed health ...

Should I file an insurance claim if I am not at fault?

Always File a Claim, Regardless of Who Was At-Fault

One of the primary questions we receive from clients who have been in an accident is whether they should report the accident to their own auto insurance carrier, particularly when the accident was not their fault. And the answer to that question is: always.

Is it better to use your insurance or theirs?

After a car accident, you should notify your insurance company and file a claim, and not deal with the other driver's insurer. Except in rare circumstances, it is not wise to contact them. Your insurance company represents you, and the other driver's insurance company represents them.

Does your insurance go up if someone hits you?

If you are involved in an accident and file a claim, even if it was not your fault, your insurance company may see you as a higher risk to insure and increase your rates. Consider speaking with a licensed insurance agent to see how much insurance could increase after an accident where you're not at fault.