If the other party did not file an SR-1 form the DMV will not be aware of the accident. If hte other party did file an SR-1 form, the DMV should have sent to you a letter asking for you to submit an SR-1 form. If you fail to submit the form within 30 days of receiving the letter from the DMV, your license will be supended for 1 year since the DMV then assumes that you had no insurance at the time of the accident. You can now check with the DMV if your license has been suspended. If it has not been suspended, then the other party never filed his/her SR-1 form and you are off the hook. If your license has been revoked it is a simple matter of going down to the DMV, proving you had insurance on the date of the accident and having the supension lifted. The DMV may want you to fill out an SR-1 form right then but usually they don't care if the accident took place more than one year ago. I have handling personal injury claims exclusively for 28 years and I have never heard of anyone ever being prosecuted for failing to file an SR-1 form. The worst that usually takes place is that the license is supended until proof of insurance has been provided.
I wish you good luck.
Russell & Lazarus APC
Talk with an experienced criminal defense attorney in California -- your license is in real jeopardy!
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
In my experience, that California DMV rarely enforces the rule requiring filing an SR-1 form. They have the right to, but I don't see them doing it very often. A more practical question is whether you had autobile insurance at the time of the accident. That is a rule that they do enforce, assuming they know about the accident. Good Luck
This is a technical requirement but, shouldn't hold up your license renewal.
Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.
In California, the DMV will issue a letter of non-compliance and mail it to your last known address. If you fail to correct the matter a "bench warrant" will issue. If you are stopped for any reason by the police, a background check will show you have an outstanding warrant. The odds of you being taken in to custody increase, dramatically. The renewal of your license could also be impacted.
I would encourage you to contact the DMV and correct the report ASAP.
The information presented here is general in nature and is not intended, to be construed as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
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