Do I need to file SR-1 form for fender bender?

Asked about 2 years ago - Los Angeles, CA

I was involved in a fender bender. We exchanged all info and insurance, but did not call police. There were only a few scratches to each of our cars. His car had preexisting key scratches and other mishaps that he admitted were his fault from prior incidents. We both walked out of the accident cordial to each other and in good health. The other driver was young, but I could tell he was trying to see how much money he could get from insurance. He stated that directly. A few days later, my insurance calls me and states that his attorney is filing a personal injury claim with my insurance. I think this is a little fishy. Should I seek the aid of an attorney? Must I file the SR-1 form if he is claiming injury on a fender bender when we both walked away in good health?

Additional information

The damage on my car was much less than $750, as I only have a tiny dent. I do not know how much the other driver's damage costs, but there was only a small scratch on top of the fender.

Attorney answers (6)

  1. 4

    Lawyers agree

    Answered . Let your insurance company handle this question. If the other driver has retained an attorney, they will likely file one anyway.

  2. 1

    Lawyer agrees


    Best Answer
    chosen by asker

    Answered . In California, the Financial Responsibility Law requires that an SR-1 form should be submitted to the DMV where: (a) there is more than $750 of property damage resulting from the collision; (b) anyone is injured (now matter how minor); [ or (c) there is a resulting death.] In this case, the other party is claiming injury through his attorney. As noted above, your insurance co. can (and is contractually obligated to) advise you on this matter and will assign an attorney to handle defense of the claim if necessary. Often, your insurance company or agent will even file an SR-1 form for you if there is a claim. I would check to see if they did submit the SR-1 on your behalf and if not, I would do so myself-- so that you do not have a problem with the DMV. Just indicate on your SR-1 that you were not injured, and that you believe the property damage is only minimal.

  3. 5

    Lawyers agree

    Answered . Your insurance company will resolve this, so don't lose sleep over it.

    Only 29% Contingency Fee! Phone: 215-510-6755
  4. 3

    Lawyers agree

    Answered . Your insurance company will automatically hire an attorney to represent you (them really, as it is their money that will be spent). They will tell you anything you need to do. Keep any photos you have of the crash, and write down anything you remember about it NOW, you will forget it later, and these things can take years.

    licensed attorney in Montana. Your specific state laws may be different.
  5. 1

    Lawyer agrees

    Answered . Since the damage was under $750, then you do not need to file the SR-1. However, your own insurance company may file it for you either way.

  6. 2

    Lawyers agree

    Answered . Contact a local attorney. They will have the best knowledge besides the DMV.

    Randy Sevenish is licensed to practice law in the State of Indiana. The laws of your jurisdiction may differ and... more

Related Topics

Personal injury

If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.

Types of personal injuries

There are many types of personal injuries for which financial damages can be awarded, including physical, emotional, and psychological injuries.

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