How We Can Help
At Spital & Associates if we are retained as your DUI legal counsel, we assist you as our client in helping you to resolve certain issues in your civil case if there was a single-car accident or accident with another vehicle &/or there is injury to a third person who was involved in the collision. We will assist you regarding probable cause as it relates to the criminal side of your case such as where the officer did not observe you “driving;” but may involve an insurance carrier wrongfully denying coverage because the accident is deemed “intentional” and, as such, you are excluded from coverage. Similarly, if an alleged victim seeks recovery from you, we will seek to resolve this accident claim as early as possible as it is relevant to a Court’s order of “restitution” in the underlying DUI offense. Our team of Personal Injury Lawyers that handle accident cases on a regular basis help you to achieve a global resolution of your DUI case.
A Timely Report Must Be Filed With DMV
Vehicle Code section 16000 (a) states as follows: “The driver of a motor vehicle who is in any manner involved in an accident originating from the operation of the motor vehicle on a street or highway, or is involved in a reportable off-highway accident, as defined in Section 16000.1, that has resulted in damage to the property of any one person in excess of $750, or has resulted in bodily injury or death of any person shall report the accident, within 10 days after the accident, either personally or through an insurance agent, broker, or legal representative, on a [SR-1] form approved by the department, to the office of the department at Sacramento, subject to this chapter [emphasis added].”
You must identify the name and current residence address, if available, any person involved that was in the accident who complained of bodily injury.Therefore, it is important for you to immediately contact your insurance carrier to file the SR-1 form within the 10-day period with DMV or to provide you with the form so that you can file it directly with the DMV during the 10-day period.
What if Injuries Were Involved in Your DUI Arrest?
You should always request the officer prepare an accident report. Vehicle Code section 20008 (a) states: “The driver of a vehicle, other than a common carrier vehicle, involved in any accident resulting in injuries to or death of any person shall, within 24 hours after the accident, make or cause to be made a written report of the accident to the Department of the California Highway Patrol or, if the accident occurred within a city, to either the Department of the California Highway Patrol or the police department of the city in which the accident occurred [emphasis added]. If the agency which receives the report is not responsible for investigating the accident, it shall immediately forward the report to the law enforcement agency which is responsible for investigating the accident.”
At Spital & Associates, we recommend you call law enforcement to investigate the accident and prepare a report to help determine the nature and scope of liability. California is a comparative negligence jurisdiction and, therefore, we may be able to argue you were not 100% at fault, if at all.
What are The Consequences if You Fail to File an SR-1 Report?
The DMV can restrict your license to drive for one year if you fail to file the required SR-1 form. Therefore, it is important you follow up with your insurance agent and/or go to the DMV yourself to be certain the SR-1 form is filed. If you did not have insurance at the time of the accident, the DMV can suspend your license up to four years. However, you can re-instate your driving privilege after the first year if you show proof of insurance.Vehicle Code section 16070 (a) states as follows: “Whenever a driver involved in an accident described in Section 16000 fails to provide evidence of financial responsibility, as required by Section 16020, at the time of the accident, the department shall, pursuant to subdivision (b), suspend the privilege of the driver or owner to drive a motor vehicle, including the driving privilege of a nonresident in this state.”
Vehicle Code section 16070 (b) states: “Whenever the department receives an accident report pursuant to this article that alleges that any of the drivers involved in the accident was not in compliance with Section 16020 at the time of the accident, the department shall immediately mail to that driver a notice of intent to suspend the driving privilege of that driver. The department shall suspend the driving privilege 30 days after mailing the notice, unless the driver has, prior to that date, established evidence of financial responsibility at the time of the accident, as specified in Section 16021, with the department. The suspension notice shall notify the driver of the action taken and the right to a hearing under Section 16075.”
We are available seven days a week from 7am-9pm. To learn more about your rights, duties and privileges, call Spital & Associates at 619.583.0350
8880 Rio San Diego Drive, Suite 800
San Diego, CA 92108-1642
Downtown Associate Office
Of Counsel – Bill O’Connell, Esq.
110 West C Street, Suite 1300
San Diego, CA 92101-3978
Associates available 7am-9pm daily.
Call 619.583.0350 or send us an e-mail.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.