California Highway Patrol (CHP), is likely to investigate and file an accident report if you are involved in a crash on a California highway. It is important to have the accident report in order to defend the driver.
Correctly Filing a CHP Incident Report
CHP officers respond to accidents by investigating the scene and compiling the results into an accident report. The report will include statements from both drivers and any witnesses. It also includes observations made by the officer at the scene. The accident report will include all interactions between the officers, the drivers, and witnesses.
It is important to answer questions from the CHP officer in a respectful, honest and concise manner. It is not helpful to divert from the topic of the question. The best answer to the question about the accident is either “I don’t know how it happened” or “I don’t know what caused it.”
It is better to let the evidence speak for themselves and allow accident investigators to determine fault.
Request for a CHP accident report
Below is a description of the information that CHP Form 190 asks for.
- Date of accident – An approximate date can be used in the event that the exact date is not known.
- If you don’t know the exact location of an accident, provide as much detail as possible.
- Owner/Driver – Provide the name and address of the owner or driver even if the vehicle is yours and you are applying.
- This section can only be checked if there is a Party of Interest. A party of interest typically includes the driver, vehicle owner, passenger, anyone who sustained injury or property damage in the accident, and the parent/guardian, if the driver are minors, or any attorney representing any other person.
- Verification – To verify that the correct party of interest is the applicant, a copy of their license or state ID must be attached to Form 190. The form can be notarized if the applicant doesn’t have a state-issued identification.
- Contact information and details about the applicant.
- This section applies to insurance companies and government agencies.
- Signature – Make sure you sign the form.
- Checks should be made payable the “California Highway Patrol”
The Fees
Fees for an accident report vary depending on the number of pages and whether a CD of photographs is included. Starting at $10 for 25 pages, the fee increases by $10 per 25 pages. A $5 fee per CD is charged.
If the applicant is present in person, the CHP offices can accept cash payments. For the exact amount of the fee, it is best to submit the application in person. This will avoid delays in processing your request.
The importance of the CHP Accident Report
Both the responsible party and the injured party can use the contents of the accident report to their advantage. Independent counsel is needed to review the accident report and find any discrepancies in the client’s explanation.
The accident report will provide the investigator’s perception and view of the scene and their opinion as to who is responsible. Witness statements are an important part in the fact-finding process that helps to determine the cause of an accident.
Both drivers will find it helpful to have an experienced personal injury attorney represent them to review the contents of their accident reports before they are referred to the insurance adjusters.
Summarized from an article by Rose, Klein & Marias Injury Lawyers.
