How to Get a Car Accident Report in Monterey, CA
If you were involved in a car accident in Monterey, CA, hopefully, you called the police to report the accident. In the chaos of the incident, you may not have inquired about how you can obtain a copy of the crash report law enforcement prepared. An experienced personal injury lawyer from Allen Law Firm can help you obtain your accident report and seek financial compensation after you were injured because of someone else’s negligence.
Here is what you should know about California crash reports and how they can affect your car accident claim.
California Motor Vehicle Accident Reporting Requirements
The State of California Department of Motor Vehicles instructs motorists to call 9-1-1 to report motor vehicle accidents to the police or California Highway Patrol. Drivers must show their driver’s license, vehicle registration card, evidence of financial responsibility, and current address to the other driver, individual involved in the accident, or responding peace officer.
Proof of financial responsibility typically means liability insurance that complies with the state’s minimum insurance requirements of $15,000 for injury or death of one person, $30,000 for injury or death to more than one person, and $5,000 for property damage. Alternatively, California allows motorists to make a cash deposit of $35,000 with DMV, receive a DMV-issued self-insurance certificate, or obtain a surety bond of $35,000 from a company licensed to do business in California to meet these requirements. If the driver does not have proof of insurance or self-certification, the police officer can cite and fine them.
If law enforcement did not respond to the scene, the drivers must report the collision in writing to the police or California Highway Patrol immediately if anyone was injured or killed in the accident. If the driver is physically unable to do this, any occupant in the vehicle must do so.
Then, the motorist must complete a written Report of Traffic Accident Occurring in California and supply it to the DMV within ten days of the accident.
What Information Is in an Accident Report?
The California Highway Patrol developed the Traffic Collision Report. Local police departments also use the form. These crash reports contain important information, including:
- The vehicles involved
- The owner of each vehicle
- The driver of each vehicle
- Insurance information for each driver
While motorists involved in an accident are required to provide certain information, it can be difficult to remember to ask for it if you are hurt, distracted, or otherwise overwhelmed by the accident.
Additionally, police reports may contain information about the investigating officer’s opinion about how the accident happened and who is at fault for it. The officer may interview all drivers and passengers, obtaining useful statements that you can use to advance your personal injury case. The officer may also take photographs of the damage to vehicles, skid marks, roadside debris, and other crash evidence, which can be helpful later in the insurance claims process when trying to establish liability. In some cases, police officers may be able to get dash cam footage or footage from nearby video cameras and include information about its contents in the report.
In some accidents, the officer may issue a traffic citation to the at-fault driver. If the other driver was drunk or otherwise violated a law that contributed to the accident, criminal charges may result.
How Traffic Collision Reports Can Affect Your Personal Injury Claim
Because investigating law enforcement officers is considered to be objective, their opinions and findings can carry a lot of weight in a car accident claim. California is an at-fault state for car accidents, so the driver ultimately determined to be at fault is responsible for paying for the other party’s medical expenses, lost wages, pain and suffering, and other damages.
The accident report includes the other driver’s name and insurance information, which is essential to claim with their liability insurance provider. The insurance adjuster assigned to your case may follow the police officer’s findings of fault when determining whether to pay a claim.
What If I Disagree with the Police Report?
If the police report contains inaccuracies, such as misspelling your name or misquoting something you said in your interview with police, you can ask the officer who prepared the report to modify it. Sometimes, they may create a supplemental report that adds the information you have mentioned to the official report.
If you disagree with the assessment of fault, the process is more complicated. The law enforcement officer might not change their report based on your statements. You may need to hire a car accident attorney who can investigate the crash, consult with expert witnesses, and collect evidence to establish the other driver was at fault to overcome the police report’s inaccurate findings. Then, your lawyer can pursue the financial compensation you need and deserve following an accident that was not your fault.
How a Car Accident Lawyer Can Help with Your Insurance Claim
Proceeds from an insurance settlement can help pay for your medical bills, car repairs, and other losses. However, insurance companies will fight diligently to try to minimize your payout or deny your claim altogether. An experienced personal injury lawyer can help with your car accident case by:
Investigating the Accident
An experienced lawyer can investigate the accident to identify who is at fault and the factors contributing to it. Your lawyer may be able to obtain strong evidence to establish liability and the full extent of your injuries, including:
- Accident reports
- Witness statements
- Photos of the accident scene
- Video surveillance of the accident
- Reports and testimony from expert witnesses or accident reconstructionists
- Medical records
- Cell phone records
- Maintenance records
- Event data recorders
Handling Your Claim
Being involved in a car accident is stressful. You do not have to try to deal with this process alone. An experienced lawyer can handle the legal process for you so you can focus on your health and well-being. This also provides the added benefit that you will not do or say anything to the insurance company that might harm your case. We can handle all communication with the insurance company.
Advising You of Your Rights
The insurance company may try to get you to give a recorded statement or sign a blanket medical release form so they can try to use this information against you. An experienced attorney can explain your legal rights and obligations under the circumstances so you do not negatively affect your case.
Ensuring You Take Prompt Legal Action
California has a strict two-year statute of limitations. If you are unable to settle your case and you do not file a personal injury lawsuit within two years of the accident date, you can forfeit your right to compensation. A lawyer can monitor this deadline and file a lawsuit on your behalf if time is running out.
Negotiating for Maximum Compensation
Many car accident victims drastically underestimate the value of their claims. They quickly accept any offer the insurance company makes without considering the long-term impact of their injuries. An experienced personal injury lawyer can estimate the future costs associated with your injuries and advise you against accepting a settlement that does not fairly compensate you for them. They can also prepare a demand letter and negotiate aggressively for the compensation you deserve.
Obtaining a Traffic Collision Report in Monterey and Monterey County
The process for obtaining the police report for your crash depends on the law enforcement agency that prepared the report. Here are detailed steps on how you can get your report.
Monterey Police Department
If the Monterey Police Department responded to the accident, complete this form, including indicating how you were involved in the crash. You can present the form in person or mail it to 351 Madison Street, Monterey, California 93940, fax it to (831) 646-3899, or email it to [email protected] along with a copy of your driver’s license. You will be responsible for paying the fee.
Monterey County Sheriff’s Department
Request your report from the Monterey County Sheriff’s Department by:
- Calling the Records Division at (831) 755-3700
- Mailing Monterey County Sheriff’s Office, Records Division, 1414 Natividad Road, Salinas, CA 93906
- Faxing (831) 755-3810
California Highway Patrol
If the California Highway Patrol responded to the accident, make a written report with the following information:
- Names of the parties involved
- The date and time of the accident
- The NCIC number
- The responding officer’s ID Number
Mail your completed request to California Highway Patrol, 960 E. Blanco Road, Salinas, CA 93901, along with a check of $10 payable to the California Highway Patrol.
Contact an Experienced Monterey Car Accident Attorney for Help
Obtaining a copy of your car accident report is only the first step in the claims process. An experienced car accident lawyer in Monterey from Allen Law Firm can protect your rights and help you navigate the road ahead. We work on a contingency fee basis, so we charge no fees unless we recover compensation on your behalf. We also offer a free consultation, so there is no risk to learning more about how we can help. Contact us today for a free, no-obligation case review.
Related:
Delayed Pain After an Accident in California
The California Car Accident Settlement Process in 9 Steps
How Long Does an Accident Insurance Claim Take?
How to Calculate Compensation After an Accident in CA
