16000. (a) The driver of every motor vehicle who is in any manner
involved in an accident originating from the operation of a motor
vehicle on any street or highway or any reportable off-highway
accident defined in Section 16000.1 that has resulted in damage to
the property of any one person in excess of seven hundred fifty
dollars ($750) or in bodily injury or in the death of any person
shall, within 10 days after the accident, report the accident, either
personally or through an insurance agent, broker, or legal
representative, on a form approved by the department to the office of
the department at Sacramento, subject to the provisions of this
chapter. The driver shall identify on the form, by name and current
residence address, if available, any person involved in the accident
complaining of bodily injury.
(b) A report is not required pursuant to subdivision (a) if the
motor vehicle involved in the accident was owned or leased by, or
under the direction of, the United States, this state, another state,
or a local agency.
16000.1. (a) For purposes of this division, a "reportable
off-highway accident" means an accident which includes all of the
following:
(1) Occurs off the street or highway.
(2) Involves a vehicle that is subject to registration under this
code.
(3) Results in damages to the property of any one person in excess
of seven hundred fifty dollars ($750) or in bodily injury or in the
death of any person.
(b) A "reportable off-highway accident" does not include any
accident which occurs off-highway in which damage occurs only to the
property of the driver or owner of the motor vehicle and no bodily
injury or death of a person occurs.
16000.7. As used in this division an "uninsured motor vehicle" is a
motor vehicle for which financial responsibility as provided in
Section 16021 was not in effect at the time of the accident.
16000.8. (a) Notwithstanding any other provision of this chapter,
if the failure of the driver of a motor vehicle involved in an
accident to prove the existence of financial responsibility, as
required by Section 16020, was due to the fraudulent acts of an
insurance agent or broker, the department shall terminate any
suspension action taken pursuant to Section 16070, when both of the
following conditions are met:
(1) The driver provides documentation from the Department of
Insurance that the insurance agent or broker has been found to have
committed fraud in the transaction of automobile liability insurance,
or provides documentation that criminal charges have been filed
against the agent or broker due to fraud or theft related to the sale
of automobile liability insurances.
(2) The driver furnishes proof to the department that financial
responsibility meeting the requirements of Section 16021 is currently
in effect.
(b) It is the intent of the Legislature in enacting this section
that individuals who are the victims of insurance fraud not be
penalized for violating the financial responsibility laws when that
violation was due to the fraudulent acts of others. Persons with
documented evidence of fraud involving their insurance coverage, such
as where an insurance agent accepted the premium payment for
coverage but willfully failed to obtain the coverage and led the
customer to believe insurance was in effect, should retain their
driving privileges provided they give evidence that valid liability
insurance is currently in effect.
16001. If the vehicle involved was a driverless runaway vehicle and
was parked with the express or implied permission of the registered
owner, the registered owner of the vehicle shall be construed to have
been the driver of the vehicle for the purposes of this chapter.
16002. (a) If the driver at the time of the accident was driving a
motor vehicle owned, operated, or leased by the employer of the
driver and with the permission of the employer, then the driver shall
within five days after the accident report the accident to his
employer on a form approved by the employer. Within 10 days after
receipt of the report the employer shall transmit a report on a form
approved by the department to the office of the department at
Sacramento, except that an employer need not transmit such report
when the vehicle involved in the accident is owned or operated as
described in Section 16051 or 16052, or is owned or operated by any
person or corporation who has filed with the department a certificate
of an insurance carrier or surety company that there is in effect a
policy or bond meeting the requirements of Section 16056 and when
such policy or bond is in force with respect to the vehicle at the
time of the accident.
(b) The driver of a vehicle that is owned or operated by a
publicly owned or operated transit system, or that is operated under
contract with a publicly owned or operated transit system, and that
is used to provide regularly scheduled transportation to the general
public or for other official business of the system shall, within 10
days of the occurrence of the accident, report to the transit system
any accident of a type otherwise required to be reported pursuant to
subdivision (a) of Section 16000. The transit system shall maintain
records of any report filed pursuant to this paragraph. Within 10
days after receipt of the report, the transit system shall transmit a
report on a form approved by the department to the office of the
department in Sacramento, except that a transit system is not
required to submit a report when the vehicle involved in the accident
is owned or operated as described in subdivision (b) of Section
16000.
16003. If any driver is physically incapable of making the report,
and is not the owner of the motor vehicle involved in the accident,
the owner shall, as soon as he learns of the accident, report the
matter in writing to the department.
16004. (a) The department shall suspend the driving privilege of
any person who fails, refuses, or neglects to make a report of an
accident as required in this chapter.
(b) A suspension taken under this section shall remain in effect
until terminated by receipt of the report of the accident or upon
receipt of evidence that financial responsibility as provided in
Section 16021 is in effect.
(c) The driving privilege shall not be suspended under this
section, and, if a suspension has been imposed and is in effect under
this section, that suspension shall be terminated, if the driving
privilege is suspended under Section 16370 or 16381 as the result of
a judgment arising out of the same accident for which the report of
the accident is required by this section. The department may suspend
or reimpose the suspension of the driving privilege of a person
under this section if the suspension under Section 16370 or 16381 is
later set aside for a reason other than that the person has
satisfied the judgment in full or to the extent provided in Chapter 2
(commencing with Section 16250) and has given proof of financial
responsibility, as provided in Chapter 3 (commencing with Section
16430).
16005. (a) All reports and supplemental reports required by this
chapter including insurance information forms shall be without
prejudice to the individual so reporting and shall be for the
confidential use of the department and any other state department
requiring such information, except that the department shall upon
request disclose from the reports:
(1) The names and addresses of persons involved in the accident.
(2) The registration numbers and descriptions of vehicles involved
in the accident.
(3) The date, time, and location of the accident.
(4) Any suspension action taken by the department.
(5) The names and addresses of insurers.
(b) The information specified in subdivision (a) may be given to
any person having a proper interest therein, including:
(1) The driver or drivers involved, or the employer, parent, or
legal guardian thereof.
(2) The authorized representative of any person involved in the
accident.
(3) Any person injured in the accident.
(4) The owners of vehicles or property damaged in the accident.
(5) Any law enforcement agency.
(6) Any court of competent jurisdiction.
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