| Auto Insurance FAQ |
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Free self help for common auto insurance problems that show up in traffic court. Answers to Frequently Asked Insurance Questions |
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| These Auto Insurance FAQ were drafted by a licensed California attorney and are believed to be accurate, but could contain errors. They are educational in nature, and not meant to be advice on your specific case or problem. You should not rely solely on these FAQ for help if you have a complicated problem. Q. If I got a ticket for driving without insurance, do I need auto insurance before I appear in court? A. No, but it's a good idea. A violation for failure to have proof of insurance with you while driving (Vehicle Code section 16028) is a "correctable violation". This means that if you can show the court you had insurance at the time of the citation, the court may dismiss the vioaltion for a small dismissal fee. If you got insurance after the vioaltion, the law states that you are eligible for the minimum fine, and you should ask for it. If you do not have insurance at all, you can pay the fine and be done with it. However, it is usually cheaper to get insurance and get the fine reduced, than it is to pay the violation off without auto insurance at all. It is important to remember that the vioaltion is for failing to carry prooof of insurance - not a for failure to have insurance. So the excuse "I just didn't have proof of insurance with me" is not a defense - it's actually a confession of guilt. Q. Can a drivers license be suspended for having an auto accident without insurance? A. Generally, yes. The Department of Motor Vehicles will suspend a persons drivers license if they are involved in a collision that is not reported to DMV. And the DMV will suspend a drivers license of the driver reported a collision, but did not have valid auto insurance at the time of the collision. This is regardless of whose fault the accident is, or the facts of the accident. Generally, accidents involving any injury or property damage above $500 must be reported to DMV with each drivers insurance information. A failure to report an accident can result in a suspension. Q. Will the Department of Motor Vehicles Know if My Insurance is Canceled? A. Yes. Since January 1, 2006, all insurance companies are required to report insurance status information to DMV for all private use vehicles (California Vehicle Code 16058). As of July 1, 2006, law enforcement and court personnel have access to DMV records to verify that your California registered vehicle is currently insured (California Vehicle Code section16058.1). Starting October 1, 2006, your vehicle registration is subject to suspension if the liability insurance is cancelled, OR if your insurance company has not electronically provided evidence of insurance when you purchase and register your vehicle, OR if you provide DMV with false insurance information (California Vehicle Code sec. 4000.38). A driver must carry proof of current insurance in your vehicle at all times. Q. Will my insurance premium increase because I got a ticket? A. The answer to this question depends on the nature of the violation(s) on the ticket. Insurance rates are based on your driving record. Generally, your driving record only shows a record of moving violations, which means violations that are related to the vehicles travel. Most tickets have more then one violation. For example, a ticket may include a charge of speeding (Vehicle code section 23150) and another charge of driving with expired registration (Vehicle code section 4000a). In this case, speeding would be a moving violation, but the registration issue is a correctable violation, and would not appear on a drivers record. Since the speeding violation will appear on the driving record as a moving violation, it may affect insurance rates. So in order to prevent an increase in insurance rates after a ticket, it is important to be sure the violation will not appear on your DMV drivers record. There are 2 ways to do this: 1) be found not guilty in court and/or get it dismissed; and 2) get a traffic school referral and complete it on time. When traffic school is completed properly, the court will dismiss 1 moving violation, and there will be no record of a conviction. Q. Why is auto insurance required? A. When you buy auto insurance, you pay the insurance company to pay any damage you cause while driving (up to the policy limits). Basically, you pay them a fee (premium) and they promise to pay for any collision damage caused by your negligence. This means that if you hit a person and injure them, the injured person will get paid - even if you do not have the money yourself. The law requires everyone to have insurance so that anytime there is a collision, the insurance will cover damages, and the injured will get payment for medical bills, etc. Auto insurance also provides the covered driver with a defense attorney in the event they are sue for negligence while driving.  Play Online Poker Q. Can I get car insurance if I do not own a car? A. Yes! Auto insurance can be bought to cover a driver, regardless of what car they are driving. Contact an insurance agent to determine what type of insurance coverage is available. Q. If I got a ticket for not having proof of insurance, but I did not own the car, what should I do? A. If you have insurance that covers you personally, you should take proof of insurance to the court with you before the date on your ticket. In most cases, the court will dismiss the citation in this situation for a minimal dismissal fee. If you did not have insurance that covers you personally, you must pay the fine or appear in court before the date listed on the citation (the court is not required to send you any reminder or courtesy notice, so be careful!) Q. What counts as "proof of insurance"? A. Generally, the court will only accept a proof of insurance ID card issued by the insurer, and identifying the dates of effective coverage, and the name of the insured driver. If you ID card shows the insurance covers a different car then you were driving, you may need to point out to the court that your insurance covers you no matter what car you are driving (as most insurance policies do). Q. What happens if I miss the date for taking care of an insurance citation? A. Generally, the court will do 3 things: 1) issue an arrest warrant; 2) charge you with a new misdemeanor crime of Failure to Appear, and 3) they will suspend your drivers license indeffinately. |
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