How Long Does an Accident Stay on Your Record in California?
Getting back on the road after a car accident is undoubtedly a relief, especially once your insurance has settled your claim and your vehicle is repaired. However, the impact of an accident may extend beyond the physical damage. In California, the incident leaves a mark on your driving record, which may usually influence insurance rates and your overall driving history.
The duration the accident stays on your record is influenced by factors such as fault and the degree of fault. At The Barnes Firm, we can assess different scenarios to help victims of car accidents understand how long the accident may remain and how it affects their driving profile.
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How Long Can an Accident Stay on My Driving Record?
The duration for which accidents linger on your driving record in California depends on the severity of the incident. For minor accidents, the record retention period typically spans three years from the date of the accident. Notably, if you were not deemed at fault, it is illegal for insurance companies to increase your premiums in California.
On the other hand, the persistence of more serious accidents may lead to the records tainting your record for a more prolonged period. Usually, this can range from five to ten years. An example is a DUI conviction, which can stay on your driving record for the duration of up to ten years. Your accident lawyer will advise you on how these situations may influence your insurance rates and overall driving profile.
Effects of An Accident Staying on My Record
If you find yourself involved in an accident on the busy roads of California, you’ll likely be concerned about the impact it will have on your driving record. In California, accidents typically stay on your driving record for a period of three years from the date of the accident. During this time, the accident will be considered a public record and, therefore, accessible by insurance companies, potential employers, and law enforcement agencies.
Insurance Rates
One of the immediate impacts of an accident on your record in California is higher insurance rates. When you have a severe accident on your record, your insurance rates may increase. This is because insurance companies view drivers with accidents on their records as being higher-risk.
Insurance is essentially a business of assessing risk and cushioning people financially in the event of an accident. When an insurance company sees a severe accident on your record, it indicates that you may be more likely to be involved in future accidents. As a result, they adjust your rates to reflect this increased risk.
The severity of the accident also plays a role in determining the impact on your insurance rates. If the accident resulted in bodily injury or damage to property, it indicates a higher level of risk than a minor fender bender. Therefore, insurance companies consider the severity in assessing the potential for future claims and adjust rates accordingly.
However, insurance premium rates are not solely based on your driving records alone. They may also consider other factors, such as:
- Age
- Gender
- Location
- Employment status
- Type of vehicle
- Credit history
- Your vehicle usage
- Eligibility for discounts
All of these factors are useful in assessing risk and determining appropriate rates for coverage.
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Suspension or Restriction of Your Driving Privileges
If you accumulate a certain number of points on your driving record within a specific timeframe, the California Department of Motor Vehicles (DMV) may take action against your license. The severity of the accident and any resulting citations will determine the number of points added to your record. Some of the reasons which may lead to the suspension of your driving license include:
- Driving without insurance
- Failing to report an accident
- Underage drinking
- Refusing to take a drug test
- Not appearing in court for a traffic ticket
- Refusal to pay child support
- Driving under the influence (DUI)
- Habitual offense
Loss of Opportunities
Having an accident on your record in California can also impact future opportunities, such as employment and rental applications. Employers and landlords may request access to your driving record as part of their screening process, and an accident can raise concerns about your responsibility and reliability. However, being transparent about the accident and explaining the mitigating circ*mstances can help you retain your ability to seize opportunities. Your attorney will ensure that your explanation is legally sound and strategically framed to present your case in the best possible light.
Is my Record of an Accident Permanent?
In California, the record of a motor vehicle accident is not permanent. According to the California DMV, accident reports are generally kept for three years from the date of the accident. After this time, the record is typically purged from the DMV’s database.
If you think the accident was mistakenly put on your record, which is rare. You may correct the issues by filing the form DL-208: Traffic Accident Record Correction Request to fix the issue. This process involves providing evidence and documentation that supports your case to expunge the demerit points from your driving record. The DMV will review your request and make a decision based on the information provided.
Another option is to enroll and undertake a court-approved defensive driving course. That way, you may remove the demerit points to straighten your record.
However, removing an accident from your driving record in California is not guaranteed, and the decision lies with the California DMV. It is recommended that you seek professional legal help if you are considering pursuing this option.
Contact a California Car Accident Lawyer Today
If you are involved in a car accident, never underestimate the potential effects on your record. You want to ensure that the accident report accurately captures all relevant details, considering factors like fault and the severity of injuries. To safeguard your interests, talk to one of our experienced lawyers at The Barnes Firm. We will ensure your driving record reflects true details and potentially mitigate the impact of the incident on your driving record. Call us today at (800) 800-0000 for a free case review.
Written by The Barnes Firm, reviewed by Richard Barnes
Rich Barnes
President
Richard Barnes – President of The Barnes Firm
Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”
Years of Experience: 30+ years
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