What steps should I take if I discover the other driver provided false or expired insurance information after an accident?
If the other driver provided false or expired insurance, you should immediately report it to your own insurer and the police. You will likely need to use your own Uninsured Motorist coverage to pay for your damages.
Here are the steps to take:
Step 1: Contact Your Insurance Company
Call your insurance agent or claims department immediately. Explain that the accident occurred and that the other driver’s insurance information is fraudulent or expired. Ask about starting a claim under your Uninsured Motorist (UM) bodily injury coverage for injuries and your Collision coverage for vehicle repairs.
Step 2: File or Update a Police Report
If a police report was not created at the scene, go to the local police department or CHP office to file one. If a report already exists, contact the reporting officer to update it with the new information that the other driver is uninsured and provided false information, a violation of California Vehicle Code Section 20.
Step 3: File an SR-1 Form with the DMV
You are required to file a Report of Traffic Accident (SR-1) with the California DMV within 10 days if the crash caused more than $1,000 in damage or any injuries. On this form, you must report that the other driver was uninsured. This officially notifies the DMV of their lack of financial responsibility.
Step 4: Gather Your Documentation
Collect all records related to the accident. This includes the police report, photos of the scene and vehicle damage, the false insurance card or information you received, contact information for any witnesses, and copies of all medical bills and vehicle repair estimates.
Important details and nuances:
Your Uninsured Motorist (UM) coverage is critical in this situation. It pays for your injuries and lost wages up to your policy limits. For vehicle repairs, you can use your Collision coverage (you will have to pay a deductible) or your Uninsured Motorist Property Damage (UMPD) coverage if you have it. UMPD has a lower limit and may not be available if you also use your Collision coverage.
Warnings and limitations:
Dealing with your own insurance company for a UM claim is not always straightforward. They may still challenge the extent of your injuries or the value of your claim. If you do not have UM coverage or Collision coverage, your only option is to sue the at-fault driver personally, but collecting money from an uninsured individual can be extremely difficult.
This is general information and does not constitute legal advice. For complex situations, especially those involving significant injuries, consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
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