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Crash Preventability at the Scene: What the Driver Collects and What Closes a Request

Published November 6, 2026 | TruckerNavi Inc | 12 min read

By the TruckerNavi compliance team, led by Dmitry Borovoy, a New Jersey-licensed insurance producer and author of "Safety Manager: From Zero to Expert".

This article covers the half of the Crash Preventability Determination Program that happens away from the form: what the driver collects in the first hour so a request is possible at all, how a New Jersey rear-end packet comes together, and the mistakes that close a request before anyone reads it. The trigger rules themselves, eligible crash types, mandatory documents, filing in DataQs, the deadlines, what a determination changes in your scores and what to do when the answer comes back Preventable or Undecided, are in Crash Preventability in 2026: Rear-Ended and It Still Counts on CSA?

One number before you start. Of the 74,513 determinations issued as of June 26, 2026, 1,822 were Undecided and only 1,245 were Preventable (CPDP quarterly statistics). Undecided is what you get when the evidence conflicts or a requested document never arrives. A weak packet loses more requests than a genuinely disputed crash does.

What evidence does FMCSA expect?

DocumentWhere to get itHow long it takesWhat makes the packet stronger
Police accident report (PAR)The department that worked the crash. In New Jersey, NJTR-1 reports by the State Police, Turnpike and Parkway are sold through the NJSP crash report portal: $13 non-toll roads, $5 toll roads, download link valid 14 daysAfter approval, usually days; fatal crashes longerDiagram, narrative naming the cause, contributing factors on the other driver. Upload as document type "Police Accident Report (PAR)"
Video (dashcam, business or traffic cameras)Your camera at once; third parties by requestDays, before overwriteOnly the needed segment, timestamp visible, matching the PAR. Required for type 21
Photos from the sceneDriver's phoneImmediatelyVehicle positions, signal or sign, damage, plates, skid marks
WitnessesContacts from the scene, written statements or affidavitsDaysConfirm the signal state or the other driver's speed
ELD and telematicsELD provider, day report; kept at least 6 months under 49 CFR 395.8(k)DaysDuty status and speed 0 at the timestamp of the crash
Court and insurance documentsState court; the other party's insurerWeeks to monthsCharge against the other driver, guilty plea, payment by the other insurer
DOT post-accident test results (fatal crashes)Collection site, MRO, consortiumAlcohol within 8 hours, drugs within 32 hours, 49 CFR 382.303Without them, Undecided or Preventable
Driver's license and medical certificateDriver qualification fileImmediatelyFMCSA may request them; missing documents produce Undecided

Two traps hide inside the evidence rules. For type 09 the Eligibility Guide requires proof of an arrest, a charge, a failed test or a refusal: "open containers, contributing factors, or officer opinion are not enough to qualify". For type 07 the heavy traffic itself must be documented in the PAR or on video, because "normal highway volumes are not considered traffic".

What does Not Preventable change in my scores, and what do Preventable and Undecided mean?

DeterminationNotation in SMSCounted in Crash Indicator BASICNoted in PSPWhat next
Not PreventableSeparate table, "Reviewed - Not Preventable Crashes"NoYes, for the 5-year crash windowNothing; the crash stays visible
Preventable"Reviewed - Preventable: FMCSA reviewed this crash and determined that it was Preventable"YesNoReopen with new documents
Undecided"Reviewed - Undecided: FMCSA reviewed this crash and could not make a preventability determination based on the evidence provided"YesNoReopen with the missing documents
Closed: Not EligibleNoneYesNoRefile under the correct type, if one exists

What should the driver do at the scene to make this possible?

Everything above depends on the first hour. The full checklist is in truck accident: the first 60 minutes; these are the items a CPDP request lives or dies on.

  1. Get police to the scene and get a report. No PAR, no request. Ask for the report number and the department name before leaving.
  2. Photograph before anything moves: both vehicles' positions, the signal or sign, damage on both units, plates, skid marks, the other driver's license and insurance card.
  3. Save the dashcam clip today. Most units overwrite within days. Export with date and timestamp; type 21 needs the pre-crash, crash and post-crash sequence.
  4. Collect witness contacts; a written statement later is worth more than a name.
  5. Do not edit the ELD. The day's log with duty status and speed at the timestamp is evidence.
  6. Know the post-accident testing clock. Under 49 CFR 382.303 a test is required after any fatality; after an injury treated away from the scene or a tow-away, only if the CMV driver receives a citation: within 8 hours for the alcohol test, within 32 hours for the drug test. Alcohol within 8 hours, drugs within 32, then stop and document why. For a fatal crash those results are part of the packet.
  7. If the officer cited your driver, that citation sits in the PAR next to the crash. A ticket contested and dismissed changes the record; how that works is in ticket defense, from $150.

Typical scenario: rear-ended at a red light in New Jersey

Typical scenario (illustrative). Ovik runs three trucks out of Clifton, New Jersey. In February his driver Bakhrom is stopped at a red light on Routes 1&9 in Elizabeth when a sedan hits the back of the trailer. Police write an NJTR-1 naming the sedan's driver as the cause; the sedan is towed, so the crash is reportable under 49 CFR 390.5. Six weeks later Ovik logs into SMS through the FMCSA Portal and finds it in his Crash Indicator BASIC at severity weight 1, time weight 3. What he does: (1) buys the NJTR-1 through the NJSP crash report portal for $13, since the State Police worked the scene (a municipal report would come from the Elizabeth department); (2) exports the dashcam clip from 60 seconds before the impact to 30 seconds after, timestamp visible; (3) saves Bakhrom's scene photos and the ELD day report showing on-duty status and 0 mph at the moment of impact; (4) checks DataQs weekly until the record appears, about five weeks; (5) opens DataQs through the Portal, starts a new request, reason "Crash could not be prevented", scenario 01 "CMV was struck in the rear by a motorist" (scenario 06, legally stopped at a traffic control device, would also fit, and FMCSA moves a request to the right type on its own), writes a three-paragraph explanation, uploads the PAR as "Police Accident Report (PAR)", then the video, photos and ELD file; (6) SUBMITTED, IN REVIEW after 11 weeks, CLOSED: DETERMINATION MADE, Not Preventable, three weeks later; (7) in the next monthly snapshot the crash sits in the "Reviewed - Not Preventable Crashes" table, out of the measure, and a Not Preventable note appears on Bakhrom's PSP. Without any of this the crash would have stayed in the calculation for 24 months at weight 3, then 2, then 1.

Mistakes that get a request closed without a review

The most common way to lose without a review. DataQs recognizes a police report only if it is uploaded under the document type "Police Accident Report (PAR)". A PAR uploaded as a "Supporting Document" leaves the request in Saved Draft: nothing goes to FMCSA, the status never changes, and months pass. The Submitter Guide says the option to submit appears only when a file of the PAR type is attached, and the type can be corrected with the edit button. Two more traps close a request automatically with no review at all: selecting "None of the above" as the scenario, and searching the crash under the wrong report number. And 3,578 requests as of June 26, 2026 were closed as No Requestor Response because the 14-day window to answer a document request passed in silence.

Your crash list, read before FMCSA reads it

TruckerNavi runs safety compliance for Russian-speaking carriers across NY, NJ and FL: SMS monitoring after every monthly snapshot, DataQs packets for crashes and inspection violations, DQ files, Drug & Alcohol program, audit preparation. Safety Compliance: from $99/mo, depending on the number of trucks. Want to know what an investigator would find in your files before he does? Mock DOT Audit, $399. Russian and English.

See Safety Compliance plans →

Or just call: (315) 871-0833 · WhatsApp

Direct answers to what people ask Google and AI about the Crash Preventability Determination Program

how to remove a crash from my csa score

You cannot delete a crash, but you can take it out of the Crash Indicator BASIC calculation through FMCSA's Crash Preventability Determination Program. The crash must be one of 21 eligible types and no older than 5 years. File a Request for Data Review in DataQs under "Crash could not be prevented", attach the police accident report under that document type, add video, photos and ELD data, and wait for one of three answers. Only Not Preventable removes the crash from the measure; it stays listed on the public SMS page. As of June 26, 2026, 71,446 of 74,513 decided requests ended Not Preventable.

does a not at fault accident affect csa score

Yes, until FMCSA says otherwise. SMS counts every reportable crash in the Crash Indicator BASIC regardless of fault: severity weight 1 for a tow-away or 2 for an injury or fatality, plus 1 for a hazardous materials release, and time weight 3 for the first 6 months, 2 for months 6 to 12, 1 for months 12 to 24. A police report blaming the other driver does not change that by itself. A Not Preventable determination through the CPDP does: the crash is removed from the calculation, though it stays listed on the public SMS page.

how long does fmcsa crash preventability take

There is no set deadline. FMCSA's program page carries a banner saying requests are taking an average of 90 days to process because of high volume, and the Submitter Guide page says more than 90 days. Before that, the state has up to 90 days to send the crash to MCMIS, and you cannot file until it appears in DataQs. After the decision FMCSA posts the result to SMS and PSP within 60 days, and SMS refreshes monthly from a snapshot taken on the third or last Friday. From crash to clean snapshot, plan on roughly 5 to 8 months.

do i need a police report to submit a crash to dataqs

Yes, without exception. FMCSA's FAQ states that requests with no police accident report are immediately closed as not eligible, and the Submitter Guide says the Submit button appears only when a file is attached under the document type "Police Accident Report (PAR)". If the report is not ready, save the request as a draft or fax the report with the barcoded cover sheet to (617) 494-2892. In New Jersey, State Police, Turnpike and Parkway reports are sold through the NJSP crash report portal for $13 or $5; municipal reports come from the responding department.

does a not preventable crash show on psp

Yes, and that is the point for the driver. The PSP report pulls 5 years of crashes and 3 years of roadside inspections from MCMIS, and FMCSA's program page says Not Preventable determinations are also noted in the Pre-employment Screening Program. The crash itself remains on the report; the notation next to it tells the next employer FMCSA reviewed it and found the driver could not have prevented it. Preventable and Undecided outcomes carry no PSP notation. FMCSA posts the result within 60 days of the decision.

is the crash still on my safer or sms profile after not preventable

Yes. FMCSA's FAQ (question 14) says Not Preventable crashes continue to be listed on the public SMS website, in a separate table titled "Reviewed - Not Preventable Crashes", and are excluded only from the Crash Indicator BASIC calculation. SAFER's company snapshot keeps showing crash counts for the past 24 months. What changes is invisible to the public: the measure and percentile in the Crash Indicator BASIC, which only the carrier and enforcement can see, no longer include the crash.

FAQ

How much does it cost to file a crash preventability request?

Nothing. The DataQs Help Center states that anyone may register for a free DataQs account and enter a Request for Data Review at no cost. The only expenses are copies of the police report (in New Jersey, $13 for a non-toll road report and $5 for a toll road report through the State Police portal) and, if you use one, a representative who prepares the packet.

Do I need video to get a Not Preventable determination?

No. The only mandatory document is the police accident report. Video is required only for crash type 21, where the video itself is the basis for eligibility, and it is the strongest supporting evidence for types 07, 08 and 18, where heavy traffic, the signal state or a loss of control must be shown rather than described.

What if there is no police report for the crash?

The request is closed immediately as not eligible. Get the report first: in New Jersey, State Police, Turnpike and Parkway reports are sold through the NJSP crash report portal, and municipal reports come from the department that responded. DataQs lets you save the request as a draft and upload the PAR later, or fax it with the barcoded cover sheet.

Does a Not Preventable determination change my insurance rate?

FMCSA's determination is a data decision for SMS and PSP. It does not establish fault. Underwriters work from loss runs, the police report and the claim file, so how they treat the notation is a question for your licensed insurance producer. We do not publish insurance prices.

Can I submit several crashes at once?

Each crash is a separate Request for Data Review tied to its own FMCSA report number, so you file one request per crash. There is no cap on the number of requests: FMCSA's statistics show one carrier has filed 2,039 of them. Prepare a complete packet for each rather than reusing one explanation.

What do I do if the determination is Preventable or Undecided?

Reopen the request in DataQs with documents FMCSA did not have the first time; a request reopened without new information is closed again without change. Check whether the crash type was right, and if the request was closed as Not Eligible, refile under the correct type. Of 6,005 reopened requests as of June 26, 2026, 1,632 ended Not Preventable.

Who can file: the carrier or the driver?

Both. A motor carrier enters DataQs through its FMCSA Portal account and selects DataQs from the list of systems; a driver signs in through login.gov with the same email. Both paths are free and both require multi-factor authentication. A Not Preventable result is posted to the carrier's SMS and noted on the driver's PSP record.

Does the determination affect my safety rating or FMCSA enforcement?

No. FMCSA states that CPDP determinations do not affect any carrier's safety rating or ability to operate, do not change preventability findings made in investigations under 49 CFR part 385, and are not a basis for penalties or sanctions. The program changes only how the crash is counted in the Crash Indicator BASIC and how it is flagged in PSP.

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