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Car insurance fresno california

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If you are convicted of driving under the influence ("DUI") in California, your insurance company will likely find out about the arrest when they check your DMV record before renewing your policy, or when you submit an SR 22 to reinstate your suspended driving privileges.

Your insurance company cannot raise your premium or cancel your policy in the middle of the policy term--but they are likely to do one or the other when the policy next comes up for renewal.

Finding auto insurance after a DUI is difficult but can be done. Your premium will almost certainly be higher, however.

For someone who has been arrested for DUI, questions about DUIs and auto insurance might not be as pressing as those about DUI penalties and the best ways to fight a California DUI. But they still are often high on people's lists, since car insurance is a major expense for many of us.

Below, our California DUI defense attorneys answer the following frequently asked questions about the consequences of a DUI arrest or conviction for auto insurance policies:

  • 1. Do I Have to Report a DUI to My Car Insurance Company?
  • 2. How Would My Car Insurance Company Find Out About a DUI?
  • 3. What Is an SR 22?
  • 4. Can My Auto Insurance Company Raise My Premium or Cancel My Policy Midterm Because of a DUI?
  • 5. Will a California DUI Definitely Cause My Auto Insurance Premiums to Increase?
  • 6. If My Premium Is Increased Because of a DUI, How Much More Will I Have to Pay?
  • 7. What if I Can't Find Anyone to Insure Me after My DUI?
  • 8. If My DUI Is Reduced to a Wet or Dry Reckless or an Exhibition of Speed, How Will That Affect My Car Insurance Premiums?

1. Do I Have to Report a DUI to My Car Insurance Company?

There is no legal requirement that you notify your auto insurance carrier immediately after a DUI arrest.1

In almost all cases, there is nothing to be gained by reporting the DUI to your insurance company yourself.

Z cars mini cab insurance You are not required to report a California DUI arrest to your auto insurance company.

For some people, an arrest--as opposed to a conviction--for DUI will have no insurance consequences. Maybe you'll win your case. Maybe your charges will be reduced during a DUI plea bargain. Maybe you'll prevail at your DMV DUI hearing.

Human and computer error may also result in your car insurance company never finding out about your DUI arrest or conviction--though this isn't the most likely scenario.

For many other people, though, their insurance company does find out about the DUI eventually--as discussed in Sections 2 and 3 below.

2. How Would My Car Insurance Company Find Out About a DUI?

There are two ways that your California auto insurance carrier may find out about your DUI if you opt not to share the information.

The first way takes place when your auto insurance carrier runs a check of your DMV record.

Generally speaking, your auto insurance company will only check your driving record when your policy is up for renewal or when you are applying for new coverage. At either of these points, an auto insurance company will see all DUI convictions that are within a ten-year period.2

Similarly, any failure to appear (FTA) that is based on a DUI will also appear for a ten-year period.3 This means that even if your insurance company somehow missed the DUI, they would likely catch the failure to appear--which would result in them subsequently discovering your DUI.

The second way--discussed in Section 3--takes place when the California Department of Motor Vehicles requires you to obtain an SR 22.

3. What Is an SR 22?

A California SR 22 is a certificate of insurance--filed in multiple situations, including after a DUI--that confirms that you meet the state's minimum requirements for auto insurance liability coverage.

Short term car insurance mi An SR 22 is a proof of insurance that drivers with DUI convictions must submit to the DMV.

The minimum liability car insurance that California law requires you to carry is frequently referred to as 15/30/5. Simply put, this means that your insurance will pay up to:

  • $15,000 for any one individual that you injure or kill,
  • $30,000 total for multiple injuries or deaths suffered, and
  • $5,000 for property damage.4

When the DMV suspends or revokes your license following a DUI arrest, it requires that you obtain SR 22 coverage before it will reinstate your driving privilege.5 Unfortunately, the only way to obtain an SR 22 is to get it from your car insurance company, who then forwards it to the California DMV.

There are a variety of reasons why the DMV might require you to obtain an SR 22, including

  • a DUI-related driver's license suspension,
  • being declared a "negligent operator", or
  • having an accident while you are uninsured.

Regardless of the reason, your auto insurance company will require that you tell them exactly why you are requesting one--and thus will learn about a DUI arrest if that is the reason. 

Quite honestly, though, it doesn't matter why you're requesting an SR 22, as all of these reasons, including a DUI, will adversely affect your insurance and label you as a "high risk" driver.

If your car insurance company doesn't offer SR 22s, it will simply cancel your policy.

4. Can My Auto Insurance Company Raise My Premium or Cancel My Policy Midterm Because of a DUI?

Good news: California insurance law forbids car insurance companies from taking any action against your policy midterm. This means that if you get your DUI in the middle of your policy's term, your car insurance company cannot immediately raise your premium or cancel your policy.

Allstate car insurance claims department An insurance company can only cancel your policy or raise your premium for a DUI when your policy is up for renewal.

The only times that your auto insurance carrier can make changes to your policy are:

  1. When you renew the policy, and
  2.  When you are first applying for coverage.

In other words, if you have pending criminal charges for a DUI, your auto insurance company can't take any adverse action against you. But, if you are applying for new coverage at the time of your pending DUI charges, many companies will not issue you a policy.

5. Will a California DUI Definitely Cause My Auto Insurance Premiums to Increase?

Unfortunately, it is likely that your premium will significantly increase after a DUI conviction.

But this isn't necessarily the case. A California drunk driving conviction isn't the only consideration when determining whether to raise your premium. Auto insurance carriers will typically consider factors such as

  • age,
  • gender,
  • marital status,
  • driving experience and driving history,
  • place of residence, and
  • professional organization affiliation,

in addition to your DUI record, before deciding to raise your premium or cancel your policy.

6. If My Premium Is Increased Because of a DUI, How Much More Will I Have to Pay?

This is a difficult question to answer, as your insurance company will consider all of the above factors.

This much we can say for sure: once you have a California DUI conviction, you will not be eligible for a "good driver" discount for a period of ten years following your DUI arrest (not your DUI conviction).6

If you didn't benefit from a good driver auto insurance discount prior to your DUI, this rule really won't affect you. If you did qualify for a good driver discount, this is one of the reasons why your car insurance premium would increase after a  DUI--by perhaps as much as 20 to 30%.

Selling car privately insurance companies A DUI is very likely to raise your car insurance premium, potentially by a substantial amount.

In addition, if you are required to obtain an SR 22 because of a DUI arrest, you will have to pay more for your auto insurance coverage as a "high risk" driver. This can cost anywhere from $300 - $800 per year for the average three-year period that you will be required to maintain SR 22 status.

That said, rates will still vary greatly between car insurance companies, even for drivers with a DUI on their record. It is a good idea to shop around for the best deal to help minimize your new costs. You may also want to call the California Department of Insurance to make sure that you are working with an insurance agent / broker who is in good standing.

According to Santa Barbara DUI defense attorney John Murray7,

"It should be noted that after you are once again eligible to receive a "good driver" discount on your auto insurance--which is ten years following your driving under the influence arrest--the DMV will automatically remove the DUI from your record. Then, at least as far as an auto insurance company is concerned, it's as if the DUI never happened."

7. What if I Can't Find Anyone to Insure Me after My DUI?

It may not be easy, but you WILL be able to obtain auto insurance after a DUI. The state of California requires that all drivers carry auto insurance8--and, as a result, has a duty to ensure that everyone can obtain coverage.

The California Automobile Assigned Risk Plan is a program that matches you with a car insurance company that will insure you if you are unable to obtain high risk or SR 22 coverage on your own after a DUI charge. Although some of the major insurance carriers will not insure high risk drivers, including those with a DUI conviction on their record, there are many smaller companies that will. 

8. If My DUI Is Reduced to a Wet or Dry Reckless or an Exhibition of Speed, How Will That Affect My Car Insurance Premiums?

For the most part, California auto insurance companies don't treat these common DUI charge reductions much differently than an actual DUI.

A California wet reckless,9 dry reckless,10 or exhibition of speed11--the most common DUI reductions--are all considered major moving violations, and all add two points to your driving record, which will in turn affect your car insurance rates. 

Car insurance premiums are based, in large part, on how many points you have on your driving record. As a result, each of these violations has just as much impact on your auto insurance premiums as a DUI.

That said, there are long-term benefits to these DUI reductions. They are still certainly worth fighting for because they carry lighter penalties than a DUI. And unlike a DUI, a wet reckless, dry reckless or exhibition of speed conviction will only appear on your DMV record for a period of seven years.12

Call us for help . . .

Insurance tie up with hyundai cars

If you or a loved one is in need of help with car insurance issues after a DUI conviction or arrest, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

Legal References:

  1. California Vehicle Code 23152 VC -- Driving under the influence. California's main DUI law says nothing about a requirement that arrestees contact their insurance companies.
  2. New DUI Reportability Requirements, California DMV. ("Effective January 1, 2007, new legislation extends the reporting period for [California] DUI offenses from 7 to 10 years for all public requestors, including insurance companies.")
  3. Retention of Driver Record Information (FFTL 15), California DMV. ("FTAs for DUI offenses will be reported for 10 years from the violation date.")
  4. California Insurance Code 16056 -- Requirements of policy or bond [insurance requirements verified after California DUIs]. ("(a) No policy or bond shall be effective under Section 16054 unless issued by a [car] insurance company or surety company admitted to do business in this state by the Insurance Commissioner, except as provided in subdivision (b) of this section, nor unless the policy or bond is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than fifteen thousand dollars ($15,000) because of bodily injury to or death of one person in any one accident and, subject to that limit for one person, to a limit of not less than thirty thousand dollars ($30,000) because of bodily injury to or death of two or more persons in any one accident, and, if the accident has resulted in injury to, or destruction of property, to a limit of not less than five thousand dollars ($5,000) because of injury to or destruction of property of others in any one accident.")
  5. Unlike the California criminal court process, the DMV can suspend / revoke your license when you are arrested for a DUI if you are arrested pursuant to Vehicle Code 23152(b) Driving with a blood alcohol concentration (BAC) of 0.08% or greater. This will result in the need for an SR 22 and thus for you to notify your auto insurance company.
  6. See endnote 2 above. ("The new law allows [auto] insurance companies access to the driving record information to properly apply the new provisions of the Insurance Code established under Senate Bill 597 (2005), to determine a customer's eligibility for a good driver discount. Based on the new laws, drivers with a DUI violation occurring within the past 10 years are not entitled to receive a good driver discount [on their auto insurance rates].")
  7. Santa Barbara DUI defense attorney John Murray is a leading expert in California DUI law, including the implications of various DUI defense strategies and plea bargains for auto insurance. He has extensive experience both in the court systems of Los Angeles County and Ventura County and in California DMV hearings.
  8. California Vehicle Codes 16000 – 16078 are known as the Compulsory Financial Responsibility Act and require every California driver to carry auto insurance.
  9. See California Vehicle Code 23103.5 VC -- Wet reckless [charge reduction from California DUI that has the same effect on auto insurance premiums].
  10. See California Vehicle Code 23103 VC -- Dry reckless [charge reduction from California DUI that has the same effect on auto insurance premiums and availability].
  11. See California Vehicle Code 23109(c) VC -- Exhibition of speed [charge reduction from California DUI that has the same effect on car insurance premiums and availability].
  12. See endnote 2, above. ("...[A]ny DUI violation under California Vehicle Code sections 23140, 23152, or 23153 will report for 10 years [and will be discoverable by car insurance companies for 10 years]. There are some other non-DUI violations (e.g. 23103.5 "wet" reckless) that will report to courts and law enforcement for 10 years and may count against you for the purpose of determining increased penalties for repeat offenders, but will continue to show on a public driving record for only 7 years.") See also California Vehicle Code 1808 VC  -- Records open to public inspection. ("(b) The department shall make available or disclose [including to auto insurance companies] abstracts of convictions and abstracts of accident reports required to be sent to the department in Sacramento, as described in subdivision (a), if the date of the occurrence is not later than the following: (1) Ten years for a violation pursuant to Section 23140, 23152, or 23153 [DUI]. (2) Seven years for a violation designated as two points pursuant to Section 12810, except as provided in paragraph (1) of this subdivision.") 

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California Car Insurance

Are you shopping for affordable car insurance quotes? California insurance companies are required to offer you a good driver's discount if you have a clean driving record. Read more to learn about California car insurance rates, laws, and programs.

Car Insurance Requirements

California law requires that you have a way to cover costs related to damages or injuries you may have caused in a car accident. Purchasing liability car insurance is the simplest and most common way people choose to meet this requirement.

The minimum amount of liability insurance you must have on your policy is:

  • $15,000 for injury/death to one person.
  • $30,000 for injury/death to more than one person.
  • $5,000 for damage to property.

Other Car Insurance Coverage

While liability coverage is the only type of car insurance coverage you are required to carry in California, there are several other types of coverage available to you, including:

  • Comprehensive coverage – This coverage insures you against damages that might occur to your car that do not involve traffic accidents such as theft-related damage.
  • Collision coverage – This insures you against damages to your car that occur as a result of a traffic collision such as an accident with another driver.
  • Medical and funeral services coverage.
  • Uninsured/Underinsured motorist coverage – According to the latest statistics from the California Department of Insurance (CDI), in 2004, 14.43% of California drivers had no car insurance. Uninsured/underinsured coverage can cover damages caused by one of these drivers.
  • Rental car coverage.
  • Towing and labor coverage.

Note: Adding comprehensive and/or collision coverage is generally optional. However, if your car is being financed, your lending or leasing company will require you to purchase comprehensive and collision coverage.

Other Forms of Financial Responsibility

Buying car insurance is the most common way to fulfill your financial responsibility requirements, but it isn't your only option.

Other options to meet the requirement include:

  • A $35,000 cash deposit with the CA Department of Motor Vehicles.
  • A Certificate of Self-Insurance from the DMV.
  • A surety bond of $35,000 from any company licensed to do business in CA.

Proof of Insurance

You must be able to prove you have auto insurance to register your car or renew your registration. Your insurance company will give you an insurance card that can serve as your proof of insurance. Your car insurance card will have:

  • Your car's information.
    • Make.
    • Model.
    • Year.
    • Safety rating.
    • Value.
  • Your name and the name of any other drivers under your car's policy.
  • The expiration date of your insurance policy's term.

You will receive a new card every time you renew your car insurance policy.

Additionally, insurance companies in California are required to electronically report your insurance information to the DMV. The California DMV can use these electronic records to verify that you have car insurance.

Getting Pulled Over in California

If you are pulled over by a police officer, you must show your proof of insurance, along with your driver's license and car registration.

Violation Fines and Penalties

If you are pulled over in California without proof of car insurance or any other form of financial responsibility, you may face the following fines:

  • $100 - $200 for your first offense.
  • $200 - $500 for each offense within 3 years after your first.

The court may impound your car and hold it until you are able to show a proof of insurance.

Suspended Registration

Not having car insurance in California can also result in a suspension of your car's registration if:

  • The CA DMV is notified of your insurance cancellation and you have not replaced it within 45 days.
  • Your car insurance information is not given to the DMV within 30 days of your car's initial registration or transfer of ownership.
  • You registered your car with false evidence of insurance.

The DMV will send you a letter if your registration has been suspended due to not having car insurance. You can re-register your car with a proof of insurance at the cost of $14. You can apply for reinstatement:

  • Online at the DMV's Vehicle Registration Suspensions Insurance Program page.
  • By mail with your notification letter to: DMV PO Box 997405 Sacramento, CA 95899
  • By mail without a notification letter to: DMV VRFRP Unit PO Box 997408 N305 Sacramento, CA 95899-7408
  • By phone at (800) 777-0133.

California's Proposition 103

Before 1988, California was among only a small handful of states that had no state-governed regulations on the insurance industry. As a result, California auto insurance rates kept climbing to levels that were not affordable to many people.

To combat what many saw as arbitrary insurance rates, Californians voted into law Prop 103 on November 8, 1988, which called for consumer-driven regulation on insurance companies.

Under Prop 103, insurance companies were required to cut their rates to 20% less than what they were in 1987. Any rate changes from that point would have to be approved by the California Department of Insurance.

Among the provisions of Prop 103 are rules regulating how insurance companies determine your car insurance premiums and the Good Driver Discount policy.

Good Driver Discount Policy

Because of Prop 103, California law requires insurance companies to offer a 20% discount to good drivers. You qualify for this Good Driver Discount policy in California if:

  • You have been licensed to drive for the past 3 years.
  • During the past 3 years you have not:
    • Had more than 1 point on your driving record due to a violation(s).
    • Taken traffic school because of a traffic violation more than once.
    • Been the at-fault driver in an accident that resulted in injury or death.

Determining Your Insurance Premium: Credit Score

Prop 103 makes it illegal for insurance companies in California to use your credit history as a factor in determining the cost of your car insurance premium. Because of this, other factors may carry more weight.

These factors may include:

  • Your driving record.
  • Your age.
  • Where you live.
  • The make/model of your car.
  • The purpose of your car (e.g., commuting or personal use).

California's Low Cost Auto Insurance Program

The Low Cost Automobile Insurance Program (CLCA) was established in California in 1999 to give income eligible drivers a way to get car insurance at an affordable price in order to combat the high number of low-income drivers without car insurance.

To qualify for the CLCA you must:

  • Have a valid California driver's license.
  • Own a car with a value of $25,000 or less.
  • Be at least 19 years old.
  • Meet the income requirements

California's Automobile Claims Mediation Program

If you have a dispute over a claim with your insurance carrier, you may be able to take advantage of California's Auto Claims Mediation Program, which provides a way to help settle claim disputes with the assistance of a third-party mediator at no cost to you.

You may be eligible for the program if the dispute with your insurance provider involves:

  • The extent or amounts of damages.
  • Methods of repair.
  • Cause of damage.
  • Prior damage vs. recent damage.
  • Total loss.
    • This is when an insurance company declares your car not repairable and reimburses you the estimated value of the car instead of repairing the car.
  • Value of a total loss.

You are not eligible for the mediation program if the dispute involves the following issues:

  • Coverage issues.
  • Legal interpretations of your policy.
  • Statute of limitations and contractual limitations on claim filing periods.
  • Agent or broker actions.

For more information about CA's Auto Claims Mediation process, visit the CA Department of Insurance website.

Automobile Assigned Risk Plan

The California Automobile Assigned Risk Plan (CAARP) is a program to help get all drivers properly insured. If you cannot find a car insurance company, due to a poor driving record, you can apply for liability insurance through CAARP.

All California car insurance companies must accept a certain amount of CAARP applicants depending on their share of the market. The higher the amount of standard customers they have, the higher amount of CAARP applicants they must take.

Once you have a clean driving record for a consecutive 3 years, you can purchase your car insurance outside of CAARP.

California at a Glance

Electronic Insurance Cards

California's Vehicle Code states that if you do not have your car insurance card, you may be able to pull up your insurance information on your smartphone. Several car insurance carriers have smartphone apps that allow you to access an electronic insurance card.

Car Theft In California

California is the car theft capital of America. In 2011, according to a report issued by the California Highway patrol, 156,796 vehicles were stolen, at an estimated cost of one billion dollars.

Car Theft and Your Car insurance Rates

When calculating a policyholder's insurance rate, many car insurance companies consider the risk of car theft in a given area. Since car theft rates in California are high, you pay a higher rate.

California car theft hurts everyone that has car insurance. By educating yourself about the types of cars and trucks that are stolen and learning simple ways to prevent your car from being stolen, you're taking positive steps toward keeping car insurance rates low for everyone.

Most Stolen Cars in California

Driving a car that is often targeted for theft may increase your car insurance rates.

The following is a list of the most commonly stolen cars in California for 2013 according to www.nicb.org:

  1. Honda Accord.
  2. Honda Civic.
  3. Chevrolet Pickup (Full Size).
  4. Toyota Camry.
  5. Acura Integra.
  6. Ford Pickup (Full Size).
  7. Toyota Corolla.
  8. Nissan Sentra.
  9. Nissan Altima.
  10. Toyota Pickup.

Reporting Accidents

According to the California DMV, every driver will be involved in a car accident at least once in their life, so you should be aware of how to handle such an incident.

When involved in an accident:

  • Try your best to pull out of traffic and onto a safe spot at the side of the road.
  • Never flee the scene. You may risk a hit-and-run conviction.
  • Check for any injuries to anyone involved.
  • Report the accident immediately if anyone is injured or killed.
  • Exchange car insurance information with other drivers involved in the accident.

If you are in an accident that causes more than $1,000 in damages, you must report the accident within 10 days by completing a Traffic Accident Report (Form SR 1).

Cell Phone Use

The CA DMV states that about 10% of drivers use their cell phones while driving.

Even with hands-free devices, studies have shown that cell phone usage is highly distracting.

For safety measures, the state of California has made it illegal to text or use hand-held cell phones while driving. If you are over 18 years old, you may use a hands-free device to make phone calls.

If you must make a call while driving, follow these tips to help you stay safe:

  • Try to pull off the road when possible.
  • Do not get involved in emotionally heated discussions.

California law states if you are under 18 years old, you are NOT allowed to use a cell phone for any reason while driving, including texting and making calls this includes a hands free device.

Remember, all violations can affect your car insurance premiums. Stay safe and keep your car insurance rates low.

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