June 8, 1998 98-R-0763

FROM: Jerome Harleston, Senior Attorney

RE: Automobile Accident Report

You asked whether by statute or common law people responsible for an automobile accident are required to report it to their insurance company.

The requirement that people involved in an accident for which they are responsible report it to their insurance company is contractual. Under the insurance policy, the insured is required to notify his insurer promptly whenever he is involved in an accident and supply such information as the time, place and circumstances of the accident, whether police were called to investigate it and whether anyone was injured, the extent of any property damage or both.

The failure to timely report an accident is a breach of contract and may be sufficient cause for the at-fault driver's insurer to deny the innocent accident victim's claim for damages. In such a case, the innocent party may be forced to file an uninsured motorist or collision damage claim with his insurer.

The accident victim should contact the Consumer Affairs Division of the state Insurance Department and submit a formal complaint so they can intervene on his behalf. They can be reached at (860) 297-3898.

JH:pa