Failure to File a Crash Report (O.R.C. 4503.06)
Failure to File a Crash Report
You have just been involved in a motor vehicle accident. What should you do? Ohio law says a Failure to File A Crash Report is a violation of law.
Ohio Revised Code, 4509.74 Prohibition against failure to report accident says:
(A) No person shall fail to report a motor vehicle accident as required under the laws of this state.
(B) Whoever violates this section is guilty of a minor misdemeanor.
By law, you are required to report the accident within six (6) months. Failure to file a crash report is not something we frequently encounter. Because, an arrest for DUI is unlikely to occur without police involvement. If law enforcement is involved, a police report will be generated.
Do I Have To Call The Police?
You are required to stop your vehicle and provide your information to the other driver. Should you not be the owner of the vehicle, you must provide the name and address of the owner. If no one has been hurt, you do not have to alert the police or wait for them to arrive.
If you damage an unoccupied vehicle, you must provide the same information (name, address, phone number of owner) via a note. It is your responsibility to make sure the owner can access the information. Should the weather be an issue, you must make an effort to alert the owner. If there is a downpour, leaving a note on a piece of paper may not be feasible. Make sure to write legibly, and affix the note to the vehicle in a secure, easy-to-see location.
What If There Is An Injury?
When a crash results in injury, and is serious enough that the injured cannot either understand or write down the information you’ve given them, you must stay with the victim until the police arrive.
If you have been drinking, you should consider contacting DaytonDUI right away. I am available 24/7 at (937) 776-2671 (my cell phone). Being involved in an accident and having an odor of alcohol on your breath will, understandably, arouse suspicion. You need an attorney!
What If The Person Does Not Have Insurance?
Should an injury occur, or if there was at least $400 in property damage, and if the driver or owner of one of the vehicles in the accident doesn’t have auto insurance or acceptable financial responsibility coverage, you’ll need to file a Crash Report (Form BMV 3303) with the Ohio Bureau of Motor Vehicles (BMV). This has a measure of good news. When the entry is placed on the record, no points are assessed and it does not specify who was at fault. When someone is involved in a crash and a police report is made, all parties listed on the report have an entry of the crash placed on their driving records.
Next Of Kin Notification
The Ohio BMV now allows drivers to register their emergency contact information with the agency. By doing so, you enable law enforcement officials to more quickly notify a family member, guardian, or friend if you’re seriously injured in an accident, or are unable to communicate. Go HERE to register.
Contact An Attorney
If you have any questions about a Failure To File A Crash Report, contact an attorney right away. If you face a drunk driving charge as a result of a motor vehicle crash, I can help. I have been representing the accused drunk driver for over 20 years. In addition, I have amassed some of the most impressive credentials in my field (see the rest of this blog). I can be reached at (937) 318-1384 or on my cell phone (after hours) at (937) 776-2671.