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[CA] Why might police be reluctant to file a report for a minor car accident with no injuries?

Benjamin
Benjamin

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Officers sometimes do not want to generate a full collision report for a minor property-damage-only accident, especially where there are no injuries, no DUI, no hit-and-run, no blocked roadway, and no obvious criminal issue. That is usually a workload/resource issue, not necessarily a legal judgment that you were wrong to ask. That said, your confusion is understandable. Officers should be able to explain the difference between:

  • An exchange of information between drivers required under (CA Veh Code § 16025)
  • A police/traffic collision report prepared by law enforcement;
  • A DMV SR-1 report, which is separate and is your responsibility if required.

California DMV says a driver, insurance agent, broker, or legal representative must file an SR-1 within 10 days if anyone was injured or killed, or if property damage is over $1,000 (CA Veh Code § 16000). That is separate from whether police make a report.

Likely explanations:

  1. Minor property-damage-only collisions are often treated as low-priority
    If there were no injuries and only vehicle damage, officers view it as a civil/insurance matter. Many departments discourage full reports unless there is injury, serious damage, DUI, hit-and-run, government property damage, an unlicensed driver, or a disputed safety issue. Under (CA Veh Code § 20008), a driver's duty to make a written report to police or the CHP within 24 hours applies to accidents that cause injury or death.
  2. A police report can create more administrative work. A report requires documentation, review, possible diagramming, statements, insurance details, and sometimes later follow-up. Some officers try to avoid taking reports they believe are not required.
  3. They may not have wanted to make a fault determination. Police collision reports may include factual observations and sometimes an opinion about primary collision factor, but officers are often cautious when they did not witness the crash. They may have been trying to avoid being pulled into an insurance dispute.
  4. The other driver's CDL/city-employment status may have complicated the interaction
    The fact that the other party allegedly has a CDL and works "for the city" could matter. A report could create employment, insurance, commercial-driving, or internal consequences for that person. That does not mean the officers acted improperly, but it is a reasonable reason for you to be alert to whether the report is complete and neutral. If the other driver was actually operating a city vehicle or working at the time, that can affect insurance, claim notice requirements, and possible public-entity procedures.
  5. They may have been trying to steer you toward insurance/DMV reporting instead
    For many California accidents, the legally important step is not necessarily getting a police report; it is making sure the DMV SR-1 is filed when the threshold is met and notifying insurance promptly. Again, the DMV threshold is injury/death or property damage over $1,000.

Their reluctance was probably because this was a no-injury property-damage collision that they viewed as better handled by insurance/DMV reporting, or they were simply lazy.

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I was involved in a traffic accident, and due to my concerns about my safety called for officer assistance to navigate things. The officers seemed to try to persuade me to not file a report for quite a long time and couldn't clearly explain the pros and cons of reporting but for sure kept dismissing my request to make a report. After a long discussion, I did finally get the report. Why would police be that unwilling and confusing regarding making a report?

Lexi

Lexi, Chatbot

I'm sorry to hear about your experience with the traffic accident and the officers' response. Can you tell me if there were any injuries or significant damages involved in the accident?

No injuries, some vehicle damage.

Lexi

Lexi, Chatbot

Have you had any prior interactions with law enforcement regarding traffic incidents that might have influenced this situation?

No.

Benjamin

Benjamin

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your traffic accident report.

The other party apparently has a CDL and works "for the city"

Benjamin

Benjamin

Hey there! Welcome to our service. I'm Benjamin, an attorney with many years of experience. I understand you were involved in a traffic accident and faced challenges with the police when trying to file a report. Is that correct?

What City/State are you in? Is there concerns with the report content, or is this simply to try and understand the polices officers' actions?

Hi I'm based in San Jose CA. The accident was between Oakland and San Francisco. I think I have questions about both but my largest point of confusion was about their extended reluctance without explaining their reluctance in a way I could understand. I asked a lot of questions and everything was very swirly answers.

Benjamin

Benjamin

Officers sometimes do not want to generate a full collision report for a minor property-damage-only accident, especially where there are no injuries, no DUI, no hit-and-run, no blocked roadway, and no obvious criminal issue. That is usually a workload/resource issue, not necessarily a legal judgment that you were wrong to ask. That said, your confusion is understandable. Officers should be able to explain the difference between:

  • An exchange of information between drivers required under (CA Veh Code § 16025)
  • A police/traffic collision report prepared by law enforcement;
  • A DMV SR-1 report, which is separate and is your responsibility if required.

California DMV says a driver, insurance agent, broker, or legal representative must file an SR-1 within 10 days if anyone was injured or killed, or if property damage is over $1,000 (CA Veh Code § 16000). That is separate from whether police make a report.

Likely explanations:

  1. Minor property-damage-only collisions are often treated as low-priority
    If there were no injuries and only vehicle damage, officers view it as a civil/insurance matter. Many departments discourage full reports unless there is injury, serious damage, DUI, hit-and-run, government property damage, an unlicensed driver, or a disputed safety issue. Under (CA Veh Code § 20008), a driver's duty to make a written report to police or the CHP within 24 hours applies to accidents that cause injury or death.
  2. A police report can create more administrative work. A report requires documentation, review, possible diagramming, statements, insurance details, and sometimes later follow-up. Some officers try to avoid taking reports they believe are not required.
  3. They may not have wanted to make a fault determination. Police collision reports may include factual observations and sometimes an opinion about primary collision factor, but officers are often cautious when they did not witness the crash. They may have been trying to avoid being pulled into an insurance dispute.
  4. The other driver's CDL/city-employment status may have complicated the interaction
    The fact that the other party allegedly has a CDL and works "for the city" could matter. A report could create employment, insurance, commercial-driving, or internal consequences for that person. That does not mean the officers acted improperly, but it is a reasonable reason for you to be alert to whether the report is complete and neutral. If the other driver was actually operating a city vehicle or working at the time, that can affect insurance, claim notice requirements, and possible public-entity procedures.
  5. They may have been trying to steer you toward insurance/DMV reporting instead
    For many California accidents, the legally important step is not necessarily getting a police report; it is making sure the DMV SR-1 is filed when the threshold is met and notifying insurance promptly. Again, the DMV threshold is injury/death or property damage over $1,000.

Their reluctance was probably because this was a no-injury property-damage collision that they viewed as better handled by insurance/DMV reporting, or they were simply lazy.

Benjamin

Benjamin

Did that solve your issue? Please let me know if you have any further questions. I believe I have addressed your inquiry, so I will mark it as complete. Thank you and have a wonderful day!

Benjamin

Benjamin

786 satisfied customers

Benjamin
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