California state's insurance regulations
If you are a
California resident of the state, you're financially responsible for the
damage and injury you cause in an auto accident.
To drive a vehicle, you're required to show proof of your financial
responsibility. You can prove this responsibility with a bond or cash
deposit of $35,000 with the DMV, or by purchasing a minimum amount of
liability coverage. Not like some other states, that liability insurance
is not required, but highly recommended.
California's liability minimums are 15/30/5. (That's $15,000 per person
for injuries you cause to the other party, up to $30,000 for all, and
$5,000 for damage you cause to the other party's property.)
The state's auto insurance companies will also offer optional coverage
such as medical payments, collision, comprehensive, and uninsured and
underinsured motorists bodily injury coverage.
the price of California auto insurance is decided by the behavior of the
state's drivers as a whole. The state's auto insurance companies take the
cost of insuring California drivers (this includes settlements and legal
fees) and divide it up between everyone.
In 1999, Governor Gray Davis signed two bills authorizing Low
Cost Automobile Insurance pilot programs available to residents of Los
Angeles County or the City and County of San Francisco only:
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SB
171 by Senator Martha Escutia, established the Los Angeles
County Low Cost Auto Policy Pilot Program, and
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SB
527 by Senator Jackie Speier, established the City and County of San
Francisco Low Cost Auto Policy Pilot Program. Specifics on the programs
can be reviewed by clicking on the text noting these legislative measures.
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SB1427 by Senators Martha Escutia and Jackie Speier, modified the
Los Angeles and San Francisco Low Cost Auto Insurance Pilot Programs in 2002.
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AB
2904 provides access to the Pilot Program for those with driving
experience outside North America. Specifics on these requirements
can be reviewed by clicking on this link noting this legislative measure.
Under the legislative terms of this pilot program, California Low
Cost Automobile Insurance policies are available from July 2000 until January
1, 2007 to residents of Los Angeles County or the City and County of San
Francisco only. Other eligibility criteria and restrictions
imposed by state law also apply. (Select the links on right-hand navigation
bar to learn more.)
Automobile insurance
is an often misunderstood insurance product. Since the Department of Motor
Vehicles (DMV) requires liability insurance in order to register and operate a
vehicle, it is of great importance to purchase and to fully understand your
automobile insurance policy.
This brochure will provide you with the information to
answer the following questions:
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Who requires you to be financially responsible?
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What could happen if you ignore the law?
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When must you provide proof of insurance?
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Why it is all up to you?
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Where do you call if you need assistance?
This brochure provides information to help you understand
the various automobile insurance coverages. It will assist you in discussing
your automobile insurance needs, asking informed questions, and understanding
just what your insurance company or agent/broker is suggesting when you shop
for insurance
What is Automobile
Insurance?
Automobile insurance is simply a
contract that helps pay for certain types of financial losses or obligations
resulting from the use or ownership of an automobile. To obtain this contract
(insurance policy), you pay a specified amount of money called a premium. In
return for the premium paid, the insurance company agrees to pay certain
expenses and legal liabilities depending on the terms of the insurance policy.
Having the right insurance coverage may prevent you from suffering a large
financial loss in the event of an automobile accident.
What are California ’s Legal Requirements for Financial Responsibility?
If you drive an automobile in
California, state law dictates that you must be financially responsible for
your actions. All drivers must show their ability to pay for damages or
injury to others resulting from the ownership or operation of a motor vehicle.
Financial Responsibility Laws
California’s Compulsory Financial Responsibility Law requires every driver
and owner of a motor vehicle to be financially responsible for their actions.
The statutory minimum limits of liability insurance in California are as
follows:
Bodily Injury
-
$15,000 for death or injury of any one person, any one
accident.
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$30,000 for all persons in any one accident.
Property Damage
There are four ways to accomplish financial responsibility:
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Coverage by a motor vehicle or automobile liability
insurance policy;
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A cash deposit of $35,000 with the Department of Motor
Vehicles (DMV);
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A certificate of self-insurance issued by DMV to owners of
fleets of more than 25 vehicles; or
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A surety bond for $35,000 obtained from an insurance
company licensed to do business in California.
All California drivers and owners must have at least the
statutory limits of minimum liability insurance or an approved alternative way
to pay for injury or property damage they may cause. Penalties are very severe
for non-compliance with this section of the vehicle code.
When your car is in an accident for which you are found
legally liable, bodily injury (BI) liability covers your liability to others
for injuries to them. Property damage (PD) liability covers your liability for
damage to someone else’s property.
A policy with BI of $15,000/$30,000 and PD of $5,000 will
pay out as follows:
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The maximum limit for one person’s injuries, medical
expenses is $15,000 under the bodily injury portion;
-
If two or more people are injured, the maximum limit for
the accident will be $30,000;
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The maximum limit for damage to other people’s property
(their car, their fence, etc.) is $5,000.
Comprehensive coverage (other than collision), uninsured
motorist, medical payments and collision insurance are not required by law.
What Could Happen If I Ignore This Law?
The most common way drivers choose to comply with the financial responsibility
requirement is by purchasing an automobile liability insurance policy. If you
have an accident not covered by insurance, then your license may be suspended.
It is your responsibility to provide liability insurance for any vehicle you
own regardless of who is operating the vehicle. It is illegal for those
vehicles to be operated without meeting the requirements of this law.
New Low Cost Auto Insurance Program
Californians are now able to purchase low cost, reduced limit, automobile
liability coverage. The California Low Cost Automobile Insurance Program (CLCAIP)
is a pilot program which will satisfy the financial responsibility laws of the
State of California. These policies are available to qualified persons residing
in the counties of Los Angeles and San Francisco. Briefly, the qualifications
are based primarily upon:
The California Automobile Assigned Risk Plan
administers the program. They can be reached at 1-800-622-0954 for
additional information.
In November of 1988 Proposition 103
(Prop.103) was enacted into law by the voters of California. Prop. 103
provides many consumer protections related to purchasing and maintaining
automobile insurance.
The following are some of the key
provisions of Prop. 103 which protect your rights as an insurance consumer:
Good
Driver Provision. Prop.103 established a legal definition of
a "Good Driver" in this state. As defined, a Good Driver is a person who has
been licensed for at least three consecutive years and has no more than one
point on his or her driving record. Certain major violations may be considered
for periods of seven, e.g., a DUI (Driving Under the Influence).
Every automobile insurance
company licensed in California must offer coverage for Good Drivers.
No insurer can refuse to offer coverage if you qualify as a Good Driver. If
you are a Good Driver and you are denied the opportunity to buy insurance from
the company of your choice, then call the California Department of Insurance
for assistance. Also, it is important to note that your rates as a Good Driver
must be at least 20% lower than a non-Good Driver’s rates would be at the same
insurance company.
Cancellation/Nonrenewal Provisions.
Prop.103 established new criteria which determine an insurer’s ability to
cancel or non-renew your policy. There are only three reasons an automobile
policy can be canceled/non-renewed once it is issued:
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Fraud/material misrepresentation;
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Non-payment of premium; or
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Substantial increase in the hazard insured against.
Determination of Rates.
Prop.103 established uniform guidelines upon which your auto rates would be
determined. The primary factors are as follows:
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The operator’s driving safety record;
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The number of miles driven annually;
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The number of years of driving experience.
There are 16 secondary rating factors which may be used in
any combination to determine your specific rates and calculate your individual
premium based on an insurance company’s filing with the California Department
of Insurance (CDI). The secondary factors must not be weighted as heavily as
the primary factors in the rate premium calculation. These secondary rating
factors may include marital status, frequency and severity of claims in the
geographic area where your car is garaged, gender, vehicle type, etc.
When Must You Show Proof of Insurance?
The Legislature passed a law requiring motorists to produce proof of
insurance before the Department of Motor Vehicles renews vehicle registration.
The new legislation also requires motorists to display proof of insurance when
they are stopped by a police officer for traffic violations. Drivers who can’t
do so may be subject to fines and other penalties.
What Happens If I Don’t Carry Insurance?
In California, driving without insurance is a serious offense. Failure to show
proof of insurance when requested may result in fines or a suspended license.
Remember, driving is a privilege … not a right. If you are stopped by a police
officer and asked for proof of insurance and you can’t produce it, you may
receive a citation. You can have the ticket nullified by showing proof of
insurance in court. You could, however, be assessed an administrative fee for
expenses.
What Are the Penalties for Driving Without
Liability Insurance? Judges can impound the vehicles of
frequent, flagrant violators. If you provide false evidence of insurance
coverage and your driver’s license is suspended, the suspension cannot be
lifted until you demonstrate genuine proof of insurance.
How Do I Prove I Have Insurance?
Your insurance company will send you a proof of insurance card listing the
covered automobiles and drivers and showing the policy number and expiration
date. Your policy or a temporary binder also is acceptable evidence of
insurance.
When Must I Show Proof of Financial
Responsibility? Proof of financial responsibility must be
shown when you:
Why
Is It All Up to Me?
It is not the responsibility of the company or agent/broker to determine
either the type or amount of coverages you need. You and the agent/broker
should have an open exchange about the coverages that are available so that you
can determine what best fits your needs. The time to discover that you do not
have the necessary coverage is before you are involved in an accident, not
after.
Now that you know what the California Law requires, you
should determine whether you need coverage above the legal minimum in order to
protect your assets. "How much is this going to cost me?" should not be the
only question in deciding how much insurance you need. There are a variety of
options regarding types of coverage and policy limits so you should shop
carefully.
Ask yourself: Do I need higher limits?
Since you may be personally responsible for damages above the policy
limits, you should consider purchasing liability insurance with higher limits
than the minimum required by law. With the increased cost of hospital stays,
medical care, and car repair, it may be well worth considering the extra
premium to purchase higher limits of coverage.
What Other Coverages are Available?
Insurance companies must offer the following coverage with every automobile
policy:
• Uninsured /Underinsured Motorist
Provides liability insurance when the party at fault does not have the state
required minimum liability coverage, or the minimum liability coverage is
insufficient to cover the injuries sustained in the accident. Likewise,
uninsured motorist property damage covers possible reimbursement for damages
your car sustains (BI and PD).
Most insurance companies will also offer the following
optional coverages:
• Medical Payments
Provides for the payment of medical and similar expenses without regard for
liability.
• Physical Damage (collision and
comprehensive):
Neither of these cover mechanical breakdown or normal wear and tear. Collision
covers damage to your vehicle caused by collision with another vehicle or with
any other object, regardless of fault. Collision insurance covers vehicle
upset (overturn), but does not cover bodily injury or property damage
liability. Comprehensive coverage covers damage to your car caused by reason
other than collision, such as fire, theft, windstorm, flood, vandalism, etc.
• Endorsements/Riders
Special equipment (i.e. after-market additions such as premium stereos, tires,
and other misc. equipment), towing, and rental reimbursement.
What Information Do I Need to Have Ready When I get a Quote?
You need to know what coverages you want, what limits of liability you
require, and what deductibles you desire. Also, you need to have the following
basic information available on all drivers in your household:
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All drivers’ names, ages, sex, and marital status;
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Driving record (accidents and moving violations);
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Annual mileage; and
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The following information on all cars:
What Else Should I Keep in Mind?
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Inquire about
discounts (such as multi-car, airbags, anti-theft device, etc.) and/or
surcharges the company applies. All companies will not offer the same type
of plans, nor have the same underwriting rules (eligibility/acceptability
guidelines). Therefore, it is critical to ask for this information.
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Make sure you know
the length of the policy term. This can be one month, six months
(semi-annual) or one year (annual), depending on the insurance company.
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Many companies
have their own payment (installment) plans which allow you to pay the premium
over a period of time for a service fee. If you decide to buy a policy on an
installment plan, find out the applicable finance or service charges. If you
use a premium finance company to pay for your insurance, the monthly payments
may be easier, but the total of payments will be larger. Moreover, if the
policy is cancelled, the insurance company must remit all return premiums to
the finance company, who will apply them to your account.
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Check to see if you are
responsible for paying any up front fees. Sometimes insurance companies
charge policy issuance fees. Once the policy is issued, this fee is
generally fully earned. If the policy is canceled later, the fee will not be
returned.
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Ask about higher deductibles. By
requesting higher deductibles on comprehensive and collision coverage, you
can lower your costs. However, remember that the deductible you choose
iswhat you are responsible for paying up front in the event you file a claim
against your automobile insurance policy.
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Should you drop comprehensive
and/or collision coverage on an older car? It may not be cost-effective to
have comprehensive or collision coverage on cars worth less than $1,000
because any claim you make would not substantially exceed the annual premium
cost and deductible amounts.
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A broker’s fee must be agreed
upon in advance. If you choose a broker to place your coverage, ask about
the broker’s fees. These fees should be disclosed and agreed upon before
finalizing the insurance transaction. Remember, broker’s fees are in
writing, not filed with the state, and are fully negotiable. If the policy
is canceled for any reason, the broker’s fee is generally not refunded.
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Review the territorial provisions
of your policy with respect to driving in Canada and Mexico. Generally,
Mexico does not recognize liability insurance issued in California. If you
are involved in an accident in Mexico, you are subject to Mexican legal
requirements. Therefore, it is strongly recommended that Mexican insurance
be purchased prior to entering that country. Some California issued policies
do extend limited physical damage (comprehensive and collision) coverage on
vehicles for a limited distance while operating in Mexico.
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Most automobile insurance
policies provide coverage for other licensed drivers to drive your vehicle on
an occasional basis. As coverage can extend differently to you as compared
with an occasional driver, it is critical to read and understand your policy
terms and provisions before allowing others to drive your vehicle. Check with
your agent/broker or company for the details. It is a common practice for
insurance companies to exclude a driver from your policy for a variety of
legitimate reasons under the law. Such driver exclusions must be stated in
the policy or by endorsement. Your coverage is not valid while a
specifically excluded driver is allowed to drive your vehicle. Be aware of
all policy driver restrictions.
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If you anticipate acquiring a
new, replacement, or additional vehicle, contact your agent/broker or company
prior to taking possession. It is necessary to determine what coverage will
be extended and what coverage will have to be added to your existing policy.
If the new vehicle is financed, also check with the lender for their
insurance requirements.
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When renting a
vehicle, the automobile rental companies hold the renter responsible under
the rental agreement for damage to their vehicle. They normally offer a
Damage Waiver at an additional cost. This is not insurance, but a
contractual agreement between the renter and rental company. Therefore, if
a waiver is not purchased, review your own automobile policy to determine if
any extension of coverage applies. Also, determine how the liability
coverage afforded by your policy applies in the event you are at fault in an
accident with the rented vehicle.
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Personal effects
and equipment such as cellular telephones, compact discs, tape players, and
recorders that are not permanently installed in the vehicle by the
manufacturer generally are not covered, unless specifically declared and
added to the policy.
Why Should
I Shop Around for Automobile Insurance?
Under California’s premium rating
law, each insurance company is allowed to calculate its own rates based on its
past loss experience and expenses. Since each company’s experience will
differ, even within the same geographic area, the rates will therefore differ.
By calling several companies, or brokers/agents for a rate comparison, you can
potentially save money. You will then be able to choose the company with the
best available price and coverage to suit your individual needs. There are
many sources you can contact to evaluate policies and premiums. Your local
telephone directory and the Internet can provide names and telephone numbers
for the following organizations:
Company agents who
represent one company;
Direct writers:
insurance companies that sell direct to the public;
Web sites.
It is important to get quotes from different companies. You
may not realize it, but the insurance rates you pay for your car can vary
dramatically depending on the insurance company you choose. You should always
compare before deciding on a policy.
What If
I Can ’t Find a Company That Will Insure Me?
Some insurance companies specialize in the non-standard auto
market for what they consider to be high-risk drivers. Should you decide to
buy in one of these markets, be sure to shop carefully because eligibility
requirements and rates vary.
If you can’t find a company that will insure you, you can
get liability coverage through the California Automobile Assigned Risk Plan (CAARP).
This plan is designed for drivers who do not qualify as
good drivers and are unsuccessful in obtaining insurance from non-standard
or approved surplus lines insurance companies. To apply for the plan, find a
CAARP certified insurance agent or call
CAARP direct.
The plan works by taking your application and assigning it
to an insurance company. All insurance companies licensed in the state must
accept CAARP applicants. The amount of CAARP assignments is based on insurance
company marketshare. The more automobile policies an insurance company issues,
the larger the portion of CAARP assignments they are required to take.
The rates used by the plan are the same no matter what
insurance company issues the policy. The plan also offers installment options.
After three years with a clean driving record, consumers underwritten through
CAARP can move from the program to a standard lines insurance company. No
broker’s fee can be charged in connection with a CAARP policy.
Available Coverages on Most California Automobile Policies
|
Types of
Coverage |
Pays For |
|
Liability Bodily Injury Property Damage
|
Your responsibility to pay for medical, death and hospital
expenses including cost of repairs to other party’s vehicle or property |
|
Uninsured/Underinsured Motorist Bodily
Injury |
Provides coverage for a policyholder involved in a
collision with a driver who does not have liability insurance or who does
not have sufficient liability limits to pay for damages |
|
Uninsured Motorist Property Damage |
Cost of repairs to your vehicle not covered by collision
insurance, subject to a limit of $3,500. UMPD coverage pays for the
property damage to your car when there is a collision with an identified
uninsured driver. |
|
Medical Payments |
Medical expense incurred without question of legal
liability |
|
Comprehensive
Physical Damage other than Collision |
Cost of repairs or the fair market value of the vehicle |
|
Collision |
Cost of repairs or the fair market value of the vehicle |
|
Rental Reimbursement
Daily limit and number of days subject to policy terms |
Cost of a rental car while your vehicle is being repaired
under coverage afforded by the policy |
|
Towing |
Reasonable and necessary towing and labor cost subject to
policy terms |
|
Covers |
Required |
|
The insured’s legal liability for bodily
injury and property damage arising from ownership or use of the insured
vehicle |
Yes, by California Department of Motor Vehicle
Code |
|
The other party’s legal liability to you for
bodily injury arising from the negligent operation of their uninsured
vehicle |
No, but every automobile insurance company
must offer uninsured motorist coverage, and they are required to have a
signed waiver on file if the coverage is rejected |
|
The other party’s legal liability for property
damage arising from the negligent operation of their uninsured vehicle |
No, but every automobile insurance company
must offer uninsured motorist coverage, and they are required to have a
signed waiver on file if the coverage is rejected |
|
All the occupants of your vehicle |
No |
|
The insured vehicle subject to the deductible |
Yes, by lenders and leasing companies |
|
The insured vehicle subject to the deductible |
Yes, by lenders and leasing companies |
|
Named Insured |
No |
|
Named Insured |
No |
So
You ’ve Had an Automobile Accident
As difficult as it may seem, it is
important to remain as calm as possible after experiencing an accident. If
someone is hurt, contact the paramedics and the police. It is always a good
idea to call the police from the scene of an accident. Each police
jurisdiction has different criteria for police reports. If the police decide
not to come to the scene of the accident, then ask for direction on filing a
report at the station. With or without a police report, it is your
responsibility to gather as much pertinent information about the accident as
possible.
Tr y to gather the following information: take down the
license plate number of all vehicles involved; try to get complete names,
addresses, phone numbers, and drivers license numbers of all other drivers,
along with the registered owner’s name for each vehicle; see if there were any
witnesses, as they could be very important later should there be a question as
to which driver was at fault; obtain the complete names, addresses, and phone
numbers of each witness; and always carry a pen or pencil, and a notepad in the
glove compartment, so you will always be prepared in the case of an accident.
What ’s Next?
When you are involved in an
accident, you need to contact your insurance agent/broker or company directly
and report the accident. A claim number and claims adjuster will be assigned
to you. The driver should give a complete, detailed accident report, including
any witness information. As part of the investigation, other drivers and
witnesses will be contacted. If you have medical or uninsured motorist claims,
then you will be required to provide documentation as to your injuries, medical
expenses, and lost wages. Ask questions if there is anything you don’t
understand or with which you don’t agree. The adjuster should be able to
address your questions and concerns.
The Fair Claims
Settlement Practices Regulations require that insurers acknowledge receipt of
your claim within 15 days. Upon receiving proof of claim, every insurer shall
immediately, but in no event more than 40 days, conduct an investigation and
either accept or deny the claim in whole or in part. When settlement is
reached, the insurer has up to 30 days to make payment.
If the investigation takes longer than 40 days, then insurer
must notify you in writing that additional time is needed, and issue a written
claim status every 30 days thereafter. A denial must contain a statement
listing all basis for such rejection.
When you make a claim for damages to your automobile, the
insurance company will decide whether to repair your vehicle or declare it a
total loss. Generally, if the cost to repair your vehicle is higher than the
fair market value of the vehicle, the company will declare it a total loss.
Read your policy carefully to determine when your company can declare your
automobile a total loss.
If the insurance company decides your vehicle is to be
repaired, then the insurer must give you a copy of the estimate to repair. If
you obtain an estimate which exceeds the insurer’s estimate, then the insurer
must reasonably adjust any written estimates or furnish you the name of at
least one repair shop which will complete the repairs for the amount of the
insurance company’s written estimate. Betterment or depreciation may be
assessed against the settlement amount, but it must accurately reflect the
value of such deductions. An example of betterment would be the company
painting your entire vehicle due to old oxidized paint, when only the front
fender of the vehicle was damaged. A new paint job puts you in a better
condition than you were before the accident occurred.
If your vehicle is declared a total loss, then the insurance
company must replace it with a comparable vehicle or pay the actual cash value
of your vehicle. The actual cash value of a vehicle is the fair market price
of the vehicle if it was offered for sale in your local area. The amount of the
settlement must include sales tax and license fees. If you are not advised
at the time of settlement where a comparable vehicle can be purchased, and you
are unable to locate one on your own within 35 days after receiving the claim
payment, then you need to notify the insurer. The insurer must then re-open the
claims file and make further efforts to adjust your loss.
The insurer also has the responsibility to determine which
driver is at fault. Under the law, if you are found to be 51% or more at
fault, and there is a total of $500 ($750 as of 1/1/03) in property damage, or
if there are any injuries, you will be assessed a surcharge. This means there
will be an increase in your premium for the next 36-month period.
Auto Body Repair
Shops
Under California insurance
regulations, an insurance company cannot require that an automobile be repaired
at a specific repair shop. However, an insurance company can recommend that
an automobile be repaired at a specific repair shop under certain conditions:
The written
disclosure must inform the consumer of the right to select the repair shop.
If a consumer
agrees to use an insurance company recommended repair shop, the insurance
company must restore the damaged vehicle to its condition prior to the
accident or loss.
The insurance
company must stand behind the repairs if the vehicle is not repaired properly
by the recommended auto repair shop.
A consumer cannot
be required to travel an unreasonable distance to obtain a repair estimate or
to have an automobile repaired at a specific repair shop.
If the vehicle is repaired in a shop chosen by the consumer,
then the insurance company must pay the reasonable costs to repair the vehicle
in a workmanlike manner. If the consumer’s chosen shop charges more than the
reasonable costs, then the consumer may be responsible for these additional
expenses.
Auto
Replacement Parts
In some cases an auto repair
may include replacement of damaged parts with after-market parts. After-market
parts are parts which are not made by the original manufacturer. After-market
parts may be equal, better, or worse in quality than original equipment
manufacturer parts. Although non-original equipment manufactured replacement
parts can be used to repair your vehicle, any such part must be comparable to
original equipment manufactured parts in terms of kind, quality, safety, fit,
and performance. Consumers should take note of the following:
-
An auto repair shop is required to provide a written
repair estimate of the cost of repairs prior to initiating repairs to the
vehicle. Once the work is completed, the shop must then provide a written
repair invoice. State law requires that the type of auto parts used in
repairs must be identified on the repair invoice. Consumers should carefully
check their invoice to ensure that the auto body shop has identified each
auto part replaced as being used, reconditioned, rebuilt, an original
equipment manufactured part, or an after-market part.
If you feel the company is not responsive to you, or there
is an unreasonable delay in settling your claim, then please contact the
Department of Insurance.
Your Rights Under the Fair Claims Settlement Practices Regulations
In general, insurance
companies are required to do the following:
-
Advise you of all benefits, coverage, time limits or other
provisions of your insurance policy.
-
Acknowledge your claim, start the investigation, provide
forms and instructions, and provide reasonable assistance immediately but in
no event later than 15 days after receiving notice of claim. Notice of claim
is any written or oral communication to the insurance company which
reasonably apprises the insurer that you wish to make a claim.
-
Respond to communications received from you immediately,
but in no event later than 15 days.
-
Accept or deny your claim immediately, but in no event
later than 40 days after receiving proof of claim. Proof of claim is
documentation in your possession which provides any evidence of the claim and
supports the magnitude or the amount of the loss. Estimates of repair, a
police report indicating damages of theft, and photographs of actual physical
damage, are all examples of proof of claim documentation.
-
Pay reasonable towing expenses. If the insurer has
provided the name of a specific towing company, and you use another towing
facility, this may jeopardize any towing reimbursement.
-
Offer a fair settlement. If you suffer a total loss, then
the settlement must include taxes, license, and transferfees. The settlement
must reflect the value of a comparable vehicle of like kind, condition, and
quality. If you retain the salvage vehicle, then the deductions from the
settlement for salvage must be fair, measurable, and discernible.
-
Pay the claim immediately once it has been accepted, but
in no event later than 30 days from the date settlement was reached.
-
Advise you whether or not they will pursue their
subrogation rights. Subrogation is a special unit within an insurance
company which attempts to gain reimbursement from other insurance companies
when you are determined to be not at fault. If the insurance company pursues
subrogation they must include your deductible, unless you have recovered your
deductible already.
-
Provide reasonable notice that the company will cease
paying for storage (if vehicle is stored as result of an accident).
The above represents a paraphrased overview of
some of the Fair Claims Settlement Practices Regulations effective 5/10/97.
You may view a complete copy of the Regulations by visiting our CDI Web site
located at www.insurance.ca.gov.
Automobile
Insurance Fraud
Red Flags
Automobile insurance fraud in California has historically taken several forms.
The most common fraud schemes involve automobile property and automobile
accidents.
Automobile Property - This type of fraud
most often involves dishonest auto body and repair shops and/or insureds who
may employ a variety of illegal or questionable techniques including:
Making final cost in excess of the original estimate of
damage.
Billing for repairs that were not authorized.
Charging for genuine parts when after-market or used parts
from junkyard were used.
Pounding out dents or using bondo when charging for brand
new auto parts.
Falsely reporting stolen vehicles or vandalism of vehicles
in order to collect insurance monies.
It is always very important for the consumer to review
carefully all paper work from auto body and repair shops in order to protect
against potential fraud. Also, consumers should be cautious of any auto body
or repair facility that makes referrals to medical or legal offices. This
practice may be an indicator of "capping." Capping (a felony in California) is
the illegal referral of clients to legal offices for a fee.
Tips to keep in mind when you are ready to buy insurance
Furnish updated driver safety
records for all drivers in the household, including past accident and claim
information.
Put together insurance
information in order to compare coverages, provide names of insurance
companies, and give policy numbers. Ask if a broker’s fee is included or if
one will be charged.
Be prepared to pay the premium in
full, make a down payment, or arrange premium financing.
Do not sign blank documents or
documents you do not understand.
Keep notes of the conversation
for your records. Mark down who you talked to and what was said.
Provide complete, accurate
information.
Find out the complete name of the
underwriting insurance company in which your coverage is to be placed.
Ask for copies of all documents
for your records before you leave the office.
It is very important to be familiar with your automobile insurance policy
before you need it. Read the policy thoroughly so you know what is covered and
what is excluded. Call your company or agent/broker if you don’t understand any
item in your policy. If you feel you have been treated unfairly by an
agent/broker or a company when purchasing insurance, then contact us.
Terms Commonly Used in Private Passenger Automobile Policies
Actual Cash Value (ACV) - Unless otherwise defined in the policy,
Actual Cash Value is defined in California as fair market value. The fair
market value of an item is the amount at which a knowledgeable buyer (under no
unusual pressure) would be willing to buy, and a knowledgeable seller (under no
unusual pressure) would be willing to sell.
Adjuster -
A person who evaluates the damage caused by an accident or
other covered loss and determines the amount to be paid.
Agent - A person authorized, by and on behalf of an insurer, to sell and
service insurance policies.
Assigned Risk -
A risk which is not ordinarily acceptable toinsurers and
is, assigned to an insurer participating in an assigned risk pool or plan.
Each participating company agrees to accept its share of these risks.
Automobile Insurance -
A type of insurance which protects the insured
against losses involving automobiles. Different coverages can be purchased
depending on the needs and wants of the insured, e.g., the liability coverages
of Bodily Injury Liability, Property Damage Liability, and Medical Payments;
and the physical damage coverages of Comprehensive and Collision.
Binder -
A temporary or preliminary agreement which provides coverage
until a policy can be issued/delivered.
Broker -
A person who for payment of a fee (paid by you)
procures insurance on your behalf.
Cancellation -
The termination of an insurance policy before its normal
expiration date.
Commission -
That portion of the premium paid to the agent as
compensation for his or her services.
Collision -
Pays for damage to your car caused by a collision with
another vehicle or with any other object, regardless who was at fault.
Commissioner of Insurance -
The title of the head of most state
insurance departments. In some states, the Director or Superintendent of
Insurance is used instead.
Comparative Negligence -
The percentage of fault shared by each driver
in an accident in which both contribute to causing the collision.
Comprehensive Coverage -
Pays for damage to your car caused by reason
other than collision, such as fire, theft, windstorm, flood, etc.
Claim - Notice to an insurer of a loss that under the terms and
conditions of a policy may be covered.
The Declarations (Dec) Page -
The front page of your policy is called
the Declarations page. It contains useful information such as:
-
the exact name of your insurance company
-
the policy number
-
your coverages and premiums
-
your deductibles, if applicable
-
the vehicles insured, their identification numbers, and the
classifications for rating purposes.
Deductible -
The amount of the loss which the insured is
responsible to pay before benefits from the insurance policy are payable. You
may choose a higher deductible to lower your premium.
Exclusion -
A contractual provision in an insurance policy that denies
coverage for certain perils, persons, property, or locations.
Insured -
The person(s) entitled to coverage in case of an accident or
loss.
Insurer -
The insurance company providing the insurance.
Liability Insurance -
Coverage for a policyholder’s legal liability
resulting from injuries to other persons or damage to their property.
Limits -
The maximum amount of benefits the insurance company agrees to
pay in the event of a loss.
Medical Payments Coverage - Covers the medical costs (up to the
specified limit you choose) resulting from an auto accident for you, your
family, and others in your car. It pays regardless of fault.
Nonrenewal - The termination of an insurance policy at its normal
expiration date.
Policy -
Written contract of insurance.
Premium -
The money paid for an insurance policy based upon the coverage
provided.
Premium Finance Company -
A lending institution that finances insurance
premiums for a fee.
Private Passenger Automobile -
Four-wheeled motor vehicles of
the private passenger, station wagon, or van type. Private passenger
automobiles are designed for use on public highways and subject to motor
vehicle registration.
Producer -
A term applied to an agent, solicitor or other person who
sells insurance.
Quote - An estimate of the cost of insurance based on information
supplied to the insurance company.
Replacement Cost -
Replacement cost is the cost of replacing lost or
damaged property with new property of like kind and quality, at current market
prices.
Salvage -
Property taken over by an insurer to reduce its loss.
Subrogation -
The process in which an insurance company, after paying a
loss to its insured, recovers the amount of the loss for damages (plus the
insured’s deductible) from the legally liable party.
Surcharge -
An extra charge applied to the premium by the insurer,
usually for at fault accidents or moving violations.
Underinsured Motorist Coverage -
Pays for bodily injury or wrongful
death caused by an underinsured motor vehicle (that is, a vehicle which is
insured, but at an amount that is less than your uninsured motorist bodily
injury (UMBI) limits).
Uninsured Motorist Coverage (UMC) -
Provides coverage for a policyholder
involved in a collision with a driver who does not have liability insurance.
UMC comes in two parts:
-
UMBI and uninsured motorist property damage (UMPD). UMBI coverage pays
for injuries to you or any person in your car when there is a collision with
an uninsured driver.
-
UMPD coverage pays for the property damage to your car when there is a
collision with an identified uninsured driver.
Where to Call
When You Need Assistance
Automobile Insurance Resources
California Low Cost Automobile Insurance Program
For more information about this state-sponsored plan for low-income drivers,
call (800) 622-0954
California
Automobile Assigned Risk Plan (CAARP)
For more information about the State’s insurance plan for high-risk drivers,
call (800) 622-0954
Web Sites
Independent Insurance Agents of America
For information on auto insurance and where to find an independent agent near
you, access their Web site at
www.iiaa.com
Insurance Information Institute
For information about auto insurance and links to other sites related to auto
insurance, access their Web site at www.iii.org
California Department of Insurance
For information to help consumers on complaints or on the purchase of
automobile insurance, access our Web site at www.insurance.ca.gov
Notice to Automobile Insurance
Industry: Uniform Insurance Card
Chapter 1126, Statutes of 1996 (AB650)
added California Vehicle Code (CVC) Section 4000.37 which
requires evidence of liability insurance with vehicle registration renewal.
Chapter 880, Statutes of 1999 (SB652) amended CVC Section 4000.37
www.dmv.ca.gov/pubs/vctop/d03/vc4000_37.htm and provided a clear authority
for the Department to specify the design specification of the form (evidence of
liability insurance) issued by the insurer and submitted by the vehicle owner
for registration renewal. It also provided for an exemption, if the information
is submitted electronically by the insurer.
Regulations that provide specifications for
the form (uniform insurance card) have been adopted. The adopted Uniform
Insurance Card regulation can be found in the California Code of Regulations,
Title 13, Division 1, Chapter 1, Article 2.3, Section 82.00
www.dmv.ca.gov/about/lad/pdfs/uinscard/uinscard_adopted.pdf. The Uniform
Insurance Card regulation is effective January 1, 2004.
To allow insurance companies time to generate
and distribute the new uniform insurance cards, the Department has suspended
enforcement of the regulation until July 1, 2004. Applications for renewal of
vehicle registration presented on or after July 1, 2004, must include the
uniform insurance card or the application will not be processed to completion
until the acceptable uniform insurance card is presented. (Specifications
and an example of the uniform insurance card)
Insurance companies participating in the
Department's Electronic Insurance Reporting (EIR) Program are exempt from the
requirements of the Uniform Insurance Card. We encourage companies to take
advantage of this exemption by participating in the EIR program. ( EIR program)
The uniform insurance card will improve
efficiency in the Department's operation of the registration program, provide
security against counterfeit production of the form, and minimize the impact of
the evidence of insurance requirement on the motoring public.
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