Who Files SR 1 Form?

kingkrazy

Expert
67
Just got a call from a friend and was asked if he or his insurance company needs to file an SR-1 form. He is not my client and I am still getting my feet wet in the biz. I googled and got mixed answers. But the majority of the answers I came across stated that the insurance company was required to file it. Can someone clear this up for me and explain what the main purpose is? I am in CA.
 
In general, in California, the insurance company will file one if they know about the situation. They will not if they know nothing about it. May seem like a strange answer, but a lot of accidents go unreported to the insurance company.

I tell my clients to take the 2 minutes and fill out the form to cover themselves. They need the NAIC number of the carrier and it is a reasonably easy form to complete after that.

Dan
 
In general, in California, the insurance company will file one if they know about the situation. They will not if they know nothing about it. May seem like a strange answer, but a lot of accidents go unreported to the insurance company.

I tell my clients to take the 2 minutes and fill out the form to cover themselves. They need the NAIC number of the carrier and it is a reasonably easy form to complete after that.

Dan

Thanks for the help
 
It is the responsiblity of the owner of the vehicle to file the SR1 form with the DMV when there is property loss over $750 or when there is bodily injury or death. The DMV will send a request to the insurer to verify that the policy coverage meets the Financial Liability laws.

As a matter of "service" an agent/insurer may provide the form to the insured with the insurers portion already completed. However, agents are generally not authorized to complete the insurers portion.
 
My girlfriend had a fender bender last January. The total damage was $1000 to
her vehicle, she exchanged information with the other driver, she filed a claim
with her insurance company which I think was Liberty Mutual who paid the repair.

My girlfriend recently got a speeding ticket and was told by the police officer her
license is (work only) restricted for 3 years for failure to file an SR-1. She was not
aware of the law, nor was she notified by her insurance to act, nor did the DMV
notify her of the restriction. Her insurance company is not responding.

It seems extremely harsh being that she did report it to her insurance, and the
purpose of the SR-1 is to prove insurance.

Is there anything she can do to lift this restriction? What are her chances of
winning in court?

--------------------
business corporation
 
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Driver is always responsible to file the SR-1 form.
Chances of winning in court is probably 0%, chances of getting it resolved is probably close to 100%.

Outside of a day of dealing with the DMV/court, this is a minor thing.

I have no idea how the system works in Nevada, but usually its just get scheduled for traffic court, the Judge will fine you some small amount and release the license. If you can't pay the fine, they will work out payments with you.

As a driver, you are responsible to be aware of the SR-1 law. Nobody is, but reporting an accident over a certain dollar threshold or where there is an injury is a requirement. If she did file a police report, then this should have been taken care of.

Dan
 

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