How do you get a not at-fault accident off your record?

Asked by: Dr. Toy Ryan  |  Last update: September 22, 2025
Score: 5/5 (14 votes)

While some insurance companies will offer a promotional program called "accident forgiveness" in situations where drivers are not found at fault, you cannot remove an accident occurred from a driving record. Your driving abstract is not like a criminal record that can be sealed or expunged.

How to remove a non-fault accident on driving record?

Unfortunately, there is nothing else that can be done. You will just have to wait until the claims fall off of your record. Check out our guide to filing claims to learn more about what to expect from the filing process.

How long do not at fault accidents stay on your record?

The DMV will hold onto the record of the incident for around 3 years, depending on the severity of the accident. While you can try to get the accident removed from your record early, it can be a difficult process, and it is ultimately up to the DMV.

How to dispute an at-fault accident on record?

If you believe that your fault has been unfairly determined, it's crucial to take action:
  1. Request a Written Explanation. ...
  2. Identify Inaccuracies in the Assessment. ...
  3. Submit a Formal Dispute. ...
  4. Re-collect additional evidence. ...
  5. Communicate Effectively with Your Insurance Company. ...
  6. Seek Legal Assistance. ...
  7. Filing a Personal Injury Lawsuit.

Can you get an accident expunged from your record?

In California, the record of a motor vehicle accident is not permanent. According to the California DMV, accident reports are generally kept for three years from the date of the accident. After this time, the record is typically purged from the DMV's database.

Car insurance: Do not-at-fault accidents go on the driver’s record?

40 related questions found

How do I clean my accident record?

How to clean up your driving record
  1. Take a defensive driving course. Many states will remove points or minor infractions from your driving record if you complete a defensive driving course. ...
  2. Dispute errors on your driving record. ...
  3. Contest your ticket. ...
  4. Fix minor issues immediately. ...
  5. Expunge your record. ...
  6. Seek a deferment.

How long does an at-fault accident affect insurance?

The Duration of a Car Accident Record

In California, a car accident can stay on your insurance record for three years from the date of the incident.

How do you get out of an at fault accident?

You will need to collect enough evidence that shows you were not the one at fault but the other driver. If the insurance company wrongfully finds you at fault for the accident, dispute their findings immediately. Make a phone call and write a follow-up letter that you are disputing their finding of fault.

How do you overturn an at fault accident?

How To Dispute Car Accident Fault
  1. Hire an Attorney. ...
  2. Understand the Laws Governing Fault in California. ...
  3. Collect Evidence. ...
  4. File a Claim with the Insurance Company. ...
  5. Negotiate with the Other Driver's Insurance Company. ...
  6. File a Lawsuit. ...
  7. Contact Us Today.

How do you fix your insurance record?

How to Clean Up Your Driving Record and Save on Car Insurance
  1. Understand Your Driving Record. Your driving record documents your history as a driver. ...
  2. Dispute Any Inaccuracies. ...
  3. Attend Traffic School. ...
  4. Wait for Points to Expire. ...
  5. Drive Safely. ...
  6. Consult an Attorney. ...
  7. Bargain for a Lesser Charge. ...
  8. Improve Your Credit Score.

Do insurance rates go up after a no-fault accident?

Yes, insurance rates may go up even if the accident is not your fault, depending on the circumstances of the accident, the types of coverage you have, and your claims history. However, the increase may not be as significant as it would for an at-fault accident.

Do Fender benders go on the driving 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.

Does State Farm have accident forgiveness?

While State Farm does not have accident forgiveness, the company does offer other benefits to motorists. A State Farm car insurance review in 2024 drew attention to the company's: Competitive rates. Rideshare insurance options.

How to qualify for accident forgiveness?

For drivers in California, accident forgiveness isn't an option. Proposition 103, which passed in the state in 1988, outlaws “excessive” insurance rates and accident forgiveness was deemed excessive as you're essentially paying for coverage on an accident that hasn't happened yet.

How long does a no-fault accident stay on your record?

Fortunately, accidents don't stay on your record forever. But how long does a car accident stay on your record in California? Typically, accident records are kept by the DMV and insurance companies for three years before being deleted.

How to take an accident off a record?

Answer: Unfortunately, you can't usually remove an accident from your driving record. Your driving record is meant to be an accurate and complete history of your time as a driver. There are a few circumstances in which you may be able to remove an accident, but it's rare.

Can I cancel my insurance after an at fault accident?

Legally, you can cancel your car insurance anytime, even with an open claim. Although, you should be aware of any premature civil penalties for canceling a contract. Any contract can apply civil penalties or liquidated damages for a breach of contract.

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.

How do I claim a not at fault accident?

10 Steps You Can Take to Help Prove You're Not At Fault For Your Car Accident
  1. Collect the Other Driver's Information at the Scene of the Car Accident. ...
  2. Get a Police Report. ...
  3. Report the Car Accident to Law Enforcement and the DMV. ...
  4. Document Vehicle Damage. ...
  5. Contact Witnesses and Get Their Statements.

What happens after a not at fault accident?

The first step is to get the other party's car insurance information and then report the accident. You should call 911 or the police to respond to the scene. You must also report the accident to both your own insurer and theirs. Generally, this will start the claims process with the at-fault party's insurer.

How do I make a not at fault claim?

Making a not-at-fault claim

You'll need to collect the details of the other driver involved when making your claim; this will generally include: The names and contact details of the other driver. The other driver's insurer and policy details. The car model and registration number of other vehicles involved.

Will insurance pay out if it was my fault?

Who pays for an at-fault accident? If the situation is clear-cut, or one party admits that they caused the accident, the at-fault driver's auto insurance should pay for any property damage and medical bills, and in some cases compensation for other damages, such as pain and suffering.

How to remove an at-fault accident?

You cannot get it off your record. You were at fault, and your insurance company paid damages on your behalf. Most insurance companies only charge for accidents and tickets for a period of 36 months.

Will my insurance increase after a claim?

How much does car insurance increase after a claim? Although the amount will depend on who's to blame, the severity of the accident, and your own driving record, you should expect your car insurance to increase by about 20-50% after making a claim.