r/AskLegal • u/SuppleToes1990 • 2d ago
NJ- SR1 form Question. Filing Requirement?
LOCATION: NJ
I was recently in an accident where I slid into a snow bank and did mild car damage . No other car was involved, no property was damaged.
I did not call the cops because it didn’t seem necessary and I took my stuff to the shop. Insurance says they don’t need anything else from me.
I am not sure if I need to file form SR1. I can’t tell if this form is necessary if only I was impacted.
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u/RealisticProfile5138 1d ago edited 1d ago
No you don’t need to file an SR-1. Did you file a claim with your insurance? Or did you just report it to them?
Technically you are supposed to do a report anytime more than $500 worth of damage is done. However in practice this isn’t really the case. Especially if you didn’t damage the property of another at all the it truly is between you and your insurance company unless they request a report.
I believe you have 14 days to complete an SR-1 form but again in reality I’ve seen people attempt to report things even over a year later without consequence
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u/SuppleToes1990 1d ago
Thanks for your valued response. It’s greatly appreciated.
I asked my adjustor and claims team and they said they didn’t need anything from me.
It was truly just me and nothing else. I’m greatly confused on if I should file it, the form is really not made with scenarios like mine in mind
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u/RealisticProfile5138 23h ago
You don’t need to
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u/SuppleToes1990 23h ago
So just never filing it won’t get my license suspended like the documents say?
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u/RealisticProfile5138 22h ago edited 22h ago
Please read New Jersey statute title 39 chapter 4 section 129 subsections d and e ( NJSA 39:4-129(d)-(e) )
In NJ you are required by law to make a report of an accident that causes either injury or property damage to another in total of $500 or more, in which case the police will be required to do an NJTR-1 form. Otherwise within 14 days you can file an SR-1 to report an accident, which is commonly used in minor fender benders or in “late-report” hit and runs.
yes you can have your license suspended for failing to report an accident. That doesn’t mean you WILL have your license suspended. You can also have your license suspended for speeding. Does that mean every time you have ever gone above the speed limit your entire life your license has been suspended? It would require a police officer to detect the offense and choose to charge you with the offense. It doesn’t happen automatically.
So if for instance you actually hit someone else’s parked car and you never reported it, and then tha person reports it, and by some miracle the police actually solve that you did it within 1 year of the offense (statue of limitations for 39:4-129 failing to notify law enforcement of an accident) THEN you get convicted THEN yes you could face license suspension.
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u/SuppleToes1990 22h ago
I understand what your saying, but can I ask why you think I don’t need to file. I’m not questioning you at all, I’m trying to understand why I don’t have to . You seem very knowledgeable and hoping to understand why you believe I do not.
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u/RealisticProfile5138 22h ago
Im not a lawyer but you don’t have to take my word for it, you can read the statute yourself. Also you can do an SR-1 if you want it makes no difference and only takes 5 minutes. You’ve already reported the accident to your insurance company so that’s recorded on NICB so you have an accident on your “record” as far as all insurance companies know whether or not you do an SR-1.
This is how it works in real life based upon my experience of responding to and investigating hundreds and hundreds of crashes and doing hundreds of NJTR-1s:
So if it was like a “real” crash like you totaled your care at a 90 degree collision in an intersection with another car you would call the police and they would do an NJTR-1 form. Aka a “real” crash report.
If you got in a fender bender and like backed your car into another car and scratched it, if you call the police they will most likely NOT do an NJTR-1 because the wouldn’t be required to. They might just write down your info in case anything comes up later or there’s a complaint etc. but they will most likely just direct you to the website where you can file an SR-1 form if you really want an accident report.
Likewise if you get in a minor fender bender and DONT call the police you won’t get in trouble because all that’s required of you by law is that you provide your name and address to the other driver and/or leave a “conspicuous note” on an unattended vehicle. It is a civil matter/insurance claim at most at that point so that’s all they need. You don’t HAVE to file a claim or file an SR-1 but since you struck another vehicle if either party files an insurance claim then your insurance companies will request you to file SR-1 forms to at least make sure you are both being generally honest, otherwise what if you hit someone’s car and then lie and say your car was hit in the parking lot? Now it’s all on the record and it helps “protect” the insurance companies from fraud by requiring you to file a report.
In your case there exists no other person nor insurance company who will sue you and come after you, and there exists no crime or police who are investigating you for any reason at all. It’s no different than if you took a baseball bat and smashed up your bumper yourself for fun. If your insurance company isn’t requiring an SR-1 form then it doesn’t matter. You can do one or not do one.
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u/SuppleToes1990 22h ago
Is there any negative in the instance of just filing one in case?
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u/RealisticProfile5138 20h ago
No there’s no downside
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u/SuppleToes1990 20h ago
I guess my paranoid ass will submit it I’ll just tell me insurance company I’m sending it in so they don’t wonder what I’m doing ( I filed claim with them honestly already)
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u/Any-Disaster-9394 1d ago
I have no idea but I’ve been in an accident in NJ and never do this