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California Car Insurance Guide
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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. |
California Automobile Accident & Claims Information
Try 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 California car
insurance agent/broker or California auto insurance 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 California car
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 California auto 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 California car auto 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.
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