SECTIONS 16000-16005

16000.  (a) The driver of a motor vehicle who is in any mannerinvolved in an accident originating from the operation of the motorvehicle on a street or highway, or is involved in a reportableoff-highway accident, as defined in Section 16000.1, that hasresulted in damage to the property of any one person in excess ofseven hundred fifty dollars ($750), or in bodily injury, or in thedeath of any person shall report the accident, within 10 days afterthe accident, either personally or through an insurance agent,broker, or legal representative, on a form approved by thedepartment, to the office of the department at Sacramento, subject tothis chapter. The driver shall identify on the form, by name andcurrent residence address, if available, any person involved in theaccident complaining of bodily injury. (b) A report is not required under subdivision (a) if the motorvehicle involved in the accident was owned or leased by, or under thedirection of, the United States, this state, another state, or alocal agency. (c) If none of the parties involved in an accident has reportedthe accident to the department under this section within one yearfollowing the date of the accident, the department is not required tofile a report on the accident and the driver's license suspensionrequirements of Section 16004 or 16070 do not apply.16000.1.  (a) For purposes of this division, a "reportableoff-highway accident" means an accident which includes all of thefollowing: (1) Occurs off the street or highway. (2) Involves a vehicle that is subject to registration under thiscode. (3) Results in damages to the property of any one person in excessof seven hundred fifty dollars ($750) or in bodily injury or in thedeath of any person. (b) A "reportable off-highway accident" does not include anyaccident which occurs off-highway in which damage occurs only to theproperty of the driver or owner of the motor vehicle and no bodilyinjury or death of a person occurs.16000.7.  As used in this division an "uninsured motor vehicle" is amotor vehicle for which financial responsibility as provided inSection 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 anaccident to prove the existence of financial responsibility, asrequired by Section 16020, was due to the fraudulent acts of aninsurance agent or broker, the department shall terminate anysuspension action taken pursuant to Section 16070, when both of thefollowing conditions are met: (1) The driver provides documentation from the Department ofInsurance that the insurance agent or broker has been found to havecommitted fraud in the transaction of automobile liability insurance,or provides documentation that criminal charges have been filedagainst the agent or broker due to fraud or theft related to the saleof automobile liability insurances. (2) The driver furnishes proof to the department that financialresponsibility meeting the requirements of Section 16021 is currentlyin effect. (b) It is the intent of the Legislature in enacting this sectionthat individuals who are the victims of insurance fraud not bepenalized for violating the financial responsibility laws when thatviolation was due to the fraudulent acts of others. Persons withdocumented evidence of fraud involving their insurance coverage, suchas where an insurance agent accepted the premium payment forcoverage but willfully failed to obtain the coverage and led thecustomer to believe insurance was in effect, should retain theirdriving privileges provided they give evidence that valid liabilityinsurance is currently in effect.16001.  If the vehicle involved was a driverless runaway vehicle andwas parked with the express or implied permission of the registeredowner, the registered owner of the vehicle shall be construed to havebeen the driver of the vehicle for the purposes of this chapter.16002.  (a) If the driver at the time of the accident was driving amotor vehicle owned, operated, or leased by the employer of thedriver and with the permission of the employer, then the driver shallwithin five days after the accident report the accident to hisemployer on a form approved by the employer. Within 10 days afterreceipt of the report the employer shall transmit a report on a formapproved by the department to the office of the department atSacramento, except that an employer need not transmit such reportwhen the vehicle involved in the accident is owned or operated asdescribed in Section 16051 or 16052, or is owned or operated by anyperson or corporation who has filed with the department a certificateof an insurance carrier or surety company that there is in effect apolicy or bond meeting the requirements of Section 16056 and whensuch policy or bond is in force with respect to the vehicle at thetime of the accident. (b) The driver of a vehicle that is owned or operated by apublicly owned or operated transit system, or that is operated undercontract with a publicly owned or operated transit system, and thatis used to provide regularly scheduled transportation to the generalpublic or for other official business of the system shall, within 10days of the occurrence of the accident, report to the transit systemany accident of a type otherwise required to be reported pursuant tosubdivision (a) of Section 16000. The transit system shall maintainrecords of any report filed pursuant to this paragraph. Within 10days after receipt of the report, the transit system shall transmit areport on a form approved by the department to the office of thedepartment in Sacramento, except that a transit system is notrequired to submit a report when the vehicle involved in the accidentis owned or operated as described in subdivision (b) of Section16000.16003.  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 thematter in writing to the department.16004.  (a) The department shall suspend the driving privilege ofany person who fails, refuses, or neglects to make a report of anaccident as required in this chapter. (b) A suspension taken under this section shall remain in effectuntil terminated by receipt of the report of the accident or uponreceipt of evidence that financial responsibility as provided inSection 16021 is in effect. (c) The driving privilege shall not be suspended under thissection, and, if a suspension has been imposed and is in effect underthis section, that suspension shall be terminated, if the drivingprivilege is suspended under Section 16370 or 16381 as the result ofa judgment arising out of the same accident for which the report ofthe accident is required by this section. The department may suspendor reimpose the suspension of the driving privilege of a person underthis section if the suspension under Section 16370 or 16381 is laterset aside for a reason other than that the person has satisfied thejudgment in full or to the extent provided in Chapter 2 (commencingwith 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 thischapter including insurance information forms shall be withoutprejudice to the individual so reporting and shall be for theconfidential use of the department and any other state departmentrequiring such information, except that the department shall uponrequest disclose from the reports: (1) The names and addresses of persons involved in the accident. (2) The registration numbers and descriptions of vehicles involvedin 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 toany person having a proper interest therein, including: (1) The driver or drivers involved, or the employer, parent, orlegal guardian thereof. (2) The authorized representative of any person involved in theaccident. (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.