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Q: Does not at fault driver have to give insurance to opposing insurance co. in CA? ( Answered 4 out of 5 stars,   0 Comments )
Question  
Subject: Does not at fault driver have to give insurance to opposing insurance co. in CA?
Category: Relationships and Society > Law
Asked by: cacraig-ga
List Price: $20.00
Posted: 13 Jul 2006 12:23 PDT
Expires: 12 Aug 2006 12:23 PDT
Question ID: 746029
I was in an accident in California- but not at fault.  My father had a
similar situation in the past; despite not being at fault- his
insurance paid for some damages over his objections and subsequently
raised his rates.  In my case, the at fault driver's insurance says
I'm required to give them my insurance and nothing will happen until I
do.  Does California law require me to provide my insurance despite
the accident report stating the other driver was fully at fault?
Answer  
Subject: Re: Does not at fault driver have to give insurance to opposing insurance co. in CA?
Answered By: czh-ga on 13 Jul 2006 14:16 PDT
Rated:4 out of 5 stars
 
Hello cacraig-ga,

Please note the disclaimers below. The information I?ve provided is
general advice and is not intended to substitute for professional
legal counsel. Be sure to contact your attorney for complete
information about your situation.

Now, to answer your specific question. ?Does California law require me
to provide my insurance despite the accident report stating the other
driver was fully at fault??

In a nutshell, yes. 

According to California law, if you are involved in an accident you
must provide certain information to the other driver and to any peace
officer investigating the accident. Evidence of financial
responsibility is one of the pieces of information you must provide.
The usual mode of doing this is by providing your automobile insurance
card. Providing proof of insurance doesn?t have anything to do with
determination of liability and subsequent determination of who pays
how much. The links to the appropriate California DMV regulations are
listed below.


http://www.dmv.ca.gov/pubs/brochures/fast_facts/ffdl16.htm
Accidents! What To Do
---------------------

Involved In An Accident?
If you are involved in an accident?STOP. If you don?t stop, you may be
convicted of ?hit and run? and could be severely punished. Also,
someone could be injured and need your help. You must show your driver
license, registration card, evidence of financial responsibility, and
current address to the other driver or persons involved, or to any
peace officer. If your evidence of financial responsibility is
insurance, you must provide the company name and address as well as
the policy number to avoid a citation and $250 fine.

DMV Accident Reporting
Each driver or the driver?s insurance agent, broker, or legal
representative must make a report to the DMV if someone is killed or
injured (no matter how minor the injury) or property damage is over
$750. This report is required whether you caused the accident or not
and even if the accident occurred on private property. Report the
accident within 10 days on the SR 1. You can get this form from any
DMV or CHP office. You can also download it from DMV?s web site
(www.dmv.ca.gov).

Using the information you give in the accident report, DMV may ask the
insurance company to verify that you had coverage in effect at the
time of the accident. If you did not have the proper insurance
coverage, your driving privilege will be suspended for one year. To
get your license back, you will need to provide proof of financial
responsibility and maintain it for the next three years.

Every accident reported to DMV by law enforcement will show on your
driving record unless the reporting officer says another person was at
fault. Every accident reported by you, or another party in the
accident, will show on your record if any vehicle involved has over
$750 in damage or if anyone is injured or dies. It does not matter who
caused the accident. The law says DMV must keep this record.

Accident Recap
--------------

The following information will help you complete the SR 1 form. (Keep
it in your glove box.) Do not use this information to replace the SR 1
form.
   Your insurance company name/policy #
   Date & Time of Accident
   Location of accident

NOTE: You must give your current address and show these documents to
any peace officer or person involved in this accident:
   Your driver license
   Your registration card
   Evidence of financial responsibility
   Your insurance company name/policy #
   You must give your current address

Other driver information:
   Driver's date of birth
   Driver's DL #/State
   Driver's name & address
   Driver's license plate #/State
   Driver?s insurance company name
   Policy # and expiration date
   Policy holder's name & address
   Vehicle owner's name & address
   Injuries or property damage


I?ve located some additional information for you regarding findings of
fault and liability. The type of coverage you and the other driver
have will determine who ends up paying. Determination of liability is
also factored in. California auto insurance law uses the principle of
?pure comparative fault? and is probably the explanation for why your
father?s insurance company made some payment in his case although he
was considered not at fault. You will have to talk to your attorney
and/or insurance agency to find out whether you are considered to be
partially at fault and what might be the consequences of this
determination.

http://calbar.ca.gov/state/calbar/calbar_extend.jsp?cid=10581&id=2174
What Should I Do If I Have an Auto Accident?

10. Who pays if I'm injured or my car is damaged?
-------------------------------------------------

That depends on who is at fault, whether you and the other driver have
insurance and what kind of insurance you have. There are two major
types of automobile insurance: liability and collision.

Liability
   If you are to blame for an accident, your liability insurance will
pay the other driver for property damage and personal injuries up to
your policy's limits.

   If you are not at fault, the other driver's liability insurance
pays for your car damage and/or personal injuries up to the policy
limits of the other driver's policy.

   In California, if you and the other driver both have car damage or
injuries and you both are partly responsible for the accident, you
each may be able to collect part of your loss, but not all of it. How
much each of you collects from the other's policy (or from each
other's assets if there is no insurance) depends on the amount of your
damages and on how much each of you is at fault.
 
   If you loan your car to someone who has an accident, your
insurance can also help pay for the damages.

Collision 
   No matter who is at fault, your collision insurance pays for
damages to your car (not your medical expenses), minus the policy
deductible.


http://accident-law.freeadvice.com/auto/car-accident-claim-fault.htm
Car Accidents - Who is at Fault?

What is Comparative or Contributory Negligence?
-----------------------------------------------

Pure Comparative Fault 
In states that have adopted pure comparative fault as a measure of
damages, if an injured person is partially at fault for causing his
own injuries, his damages are reduced by the percentage of his fault.
For example, say Michelle was injured in a car accident for which she
was 80% at fault. Damages for her injury amount to $10,000. Michelle
will be entitled to recover $2,000 for her injuries, that is, $10,000
less 80% or $8,000 for her percentage of fault. States: Alaska,
Arizona, California, Florida, Kentucky, Louisiana, Mississippi,
Missouri, New Mexico, New York, Rhode Island, South Dakota and
Washington.


http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=ins&codebody=&hits=20
California Insurance Code


I?m sorry about your accident and the consequent insurance hassles. I
recommend that you let your own insurance company deal with the other
driver?s insurance provider. They can provide your coverage
information to the other company. You need to find out how your own
insurance company views the question of who was at fault. They may
agree with you that you had no contributory role in the accident and
get full payment from the other insurance company. You will not be
able to go to the next step until the two insurers talk to each other.

Please don?t hesitate to ask for clarification if any of this is
confusing. I hope for a smooth resolution of your claims.

All the best.

~ czh ~



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cacraig-ga rated this answer:4 out of 5 stars

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