Actually, the only practical reason for filing the SR1 is if the other side files one, or if you think the other party may be uninsured. The law requires you to carry ins. If you don't file the form and the other side does, the dmv will send you a letter suspending your license for not filing the form and for not proving you had ins. At that point you can file the form and proof of ins, and there will be no suspension. If no one file the SR1, dmv doesn't have record of the accident. Talk to your lawyer, but it really isn't a big deal.
I recommend bringing these concerns to your attorney. He has an ethical duty to tell you the truth. There could be a number of reasons why the report hasn't appeared in the system yet. Best of luck.
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As a personal injury attorney, I can tell you that reporting an inciden to the DMV makes little difference in how a case is handled. The issue of "proof of insurance" usually is only important if the other party does not have insurance and one needs to file an uninsured motorist claim. With that said how do you know it was your attorney "who dropped the ball?" Is it possible the DMV failed to process the paperwork?
I would recommend that you do not get worked up over this. Contact your attorney and discuss the matter with him, there maybe a reasonable explanation. If you do not get a satisfactory answer, you are always free to change attorneys.
The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the State of California and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.
Robert laid it out well. Avvo has a terrific "find a lawyer" tool to located a top-rated Avvo attorney with a low contingency fee. Good luck.
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No one can give you a better answer right now than the person who knows all of the legal and factual issues in your case--your lawyer--give he or she the respect they deserve and allow them the first opportunity to answer your legal question about the case he or she is handling. That way there is no hard feelings or trust breach. After all we are all people and we need to know we trust each other during a case.
Ask your attorney for the letter or form that he sent to the DMV reporting the accident. If he can't produce it, call the DMV and ask them what you need to do to get back on track. It's usually an SR-22. Explain to them that your attorney told you he reported it and that you thought this aspect was taken care of. Much luck.
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