Brown Approves Driver's Licenses for Immigrants

Governor Jerry Brown signed Assembly Bill 2189 into law late this past Sunday. The bill is authored by Assemblyman Gil Cedillo of Los Angeles.  He has worked years to get immigrants the right to drive legally in California. The new law will allow some undocumented Californians between ages 16 to 31 to obtain driver licenses using paperwork issued by President Obama’s work permit program. Many can fill out paperwork themselves, but advocates warn that scammers have been aggressively selling their purported services to immigrants. Some are charging $1,000 to $2,500 per applicant.

Assemblyman Gil Cedillo argues that this will ensure immigrants are better drivers because they will have to be tested and it will make it more likely that they will then obtain car insurance. Cedillo said in a statement that California was the first state to issue driver licenses for the group helped by the federal work permit program and that the new California law applies to about 350,000 California residents.

Those eligible must currently be in school, have graduated from high school or have been honorably discharged from the Coast Guard or Armed Forces. They must have arrived in the country before they were 16 -- and have been under 31 as of June 15. And they must not have been convicted of a felony, "significant misdemeanor: or three or more misdemeanors, among other requirements.

Determination of “Principally At-Fault” Accidents in California

In 2011, The California Department of Insurance made changes to California Administrative Code Title 10, Section 2632.13 Determination of “Principally At-Fault” Accidents.
This section explains the procedures an insurer should follow to determine whether a driver may be considered principally at-fault for an accident for the purpose of determining the driver’s driving safety record and eligibility for the Good Driver Discount.

Effective last December, insurance companies made the following changes to adhere to these requirements:

• Insurance carriers will record a claim as “Chargeable – Damage to Property Only” with the surcharge of (1) Good Driver point where:
• The driver is greater than or equal to 51% at fault; and
• No CA-specific fault exemptions apply; and
• Damage is to property only and the damage exceeds $1,000
  Please note: the $1,000 threshold is inclusive of any deductible charges. For example: $500 deductible + $600 collision payout would be considered as chargeable.
• Insurance carriers will record a claim as “Chargeable – Bodily Injury Involved” with the surcharge of (2) Good Driver points in the event that the claim involves bodily injury or death and:
• The driver is greater than or equal to 51% at fault; and
• No CA-specific fault exemptions apply

It is important for consumers to keep any evidence of how a claim was handled in their personal records. California Department of Motor Vehicle records do not show which party was at fault in an accident. If you change insurance companies, you may need to prove to your new carrier that an accident was not chargeable. Keeping a copy of the claims adjustor’s letter can be very helpful. You should keep this information for a minimum of three years. If you don't have this information you may have to ask the insurance carrier at the time of the accident for a letter of experience.

Keep Tires Properly Inflated

You can improve your gas mileage by up to 3.3 percent by keeping your tires inflated to the proper pressure. Under-inflated tires can lower gas mileage by 0.3 percent for every 1 psi drop in pressure of all foru tires. Properly inflated tires are safer and last longer.

The proper tire pressure for your vehicle is usually found on a sticker in the drivers's side door jamb or the glove box and in your owner's manual. Do not use the maximum pressure printed on the tire's sidewall.

Trial by Written Declaration: Increase Your Chances of Beating that Traffic Ticket!

I decided to share a little secret that most people just don’t know exists on how to fight a traffic ticket here in California through the mail.  That’s right, in most cases, you don’t have to waste time standing in line, waiting in court, and presenting your case in front of the judge to fight that speeding or red light camera ticket.  Instead it can all be done right through the mail by a process called Trial by Written Declaration.  On the back of every California issued ticket, you can find information for Trial by Written Declaration, but most people simply don’t notice it.  In fact, for years, I didn’t even know it existed until a friend pointed it out to me one day.  Most basic traffic infractions are eligible for this service, but as with any legal matter you should ALWAYS CHECK FIRST WITH THE COURT HANDLING YOUR CASE TO ENSURE YOU ARE INDEED ELIGIBLE TO FILE A TRIAL BY WRITTEN DECLARATION AND YOU SHOULD CONSULT A LAWYER REGARDING YOUR SPECIFIC LEGAL MATTER BEFORE TAKING ANY ACTION IN WHICH YOU ARE NOT AWARE OF THE POSSIBLE CONSEQUENCES.

Hopefully you don’t or won’t ever need to learn more about how this process works.  However, if you do, or you have a friend or family member that does, please feel free to share this article with them. 

The Trial by Written Declaration isn’t that difficult to complete once you have read the instructions. You will need to completely fill out the Request for Trial by Written Declaration (form TR-205) and sign it and mail it to the court with the required bail amount, which is another way of saying the “fine amount”. Once you mail in your statement to the court, the judge will request a statement from the officer. It takes the traffic court between 30 days to 90 days on average to review the Trial by Written Declaration defense and make a decision on it. If the officer doesn’t respond then generally your case will be dismissed for lack of prosecution. You can find estimates online that state you stand about a 30% change of having your citation dismissed due to no response from the officer. If the traffic ticket is dismissed as a result of the Trial by Written Declaration the traffic court will send a full refund of the bail amount that was submitted at the time the Trial by Written Declaration documents were filed, usually within 60 days. If you lose your Trial by Written Declaration you have 20 days to request a new trial pursuant to CVC 40902-d (a “Trial de Novo”, form TR-220). You can then appear in court for the first time for your second chance of winning.  At this point, if you lose you can request that the judge allow you to attend traffic school if you are eligible.

There are several websites that offer to complete the request for Trial by Written Declaration for you at a charge of $200 or more.  Most even offer a “money back guarantee” if you don’t win. A word of CAUTION however, many of these offers have a disclaimer with small fine print that further explains only a small portion of the total fee is refundable. 

In the end, it’s in your best interest to avoid a conviction from appearing on your motor vehicle record.  It can increase your insurance by an average of $250 per year for three to five years. 

Have questions about your auto insurance?  Want to save time and money shopping for the best possible rates that offer the most value?  Then call us today at 805.351.3851 and speak with a licensed agent at PacificPreferred Insurance Agency or email us at info@PacificInsuresMe.com!   

All content provided on this blog is for informational purposes only.  We encourage that you consult with a lawyer regarding your specific legal situation before filing any paperwork with the court. The owner of this blog makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.

Ten of the Funniest Car Accident Excuses

I recently found some real life excuses that were on accident claim forms for a major insurance company.  Clients were asked for a brief statement describing how the accident occurred and below are some of those examples.  I have narrowed it down to what I believe is the top ten, but not in order of preference.  I would love to hear what you feel is your favorite one(s)?  Please respond on our Facebook Fan Page.

1.       The other car collided with mine without giving warning of its intention.

2.       I thought my window was down but found it was up when I put my hand through it.

3.       A pedestrian hit me and went under my car.

4.       The guy was all over the place. I had to swerve a number of times before I hit him.

5.       I pulled away from the side of the road, glanced at my mother-in-law and headed over the embankment.

6.       As I approached the intersection, a stop sign suddenly appeared in a place where no stop sign had ever appeared before. I was unable to stop in time to avoid the accident.

7.       To avoid hitting the bumper of the car in front, I struck the pedestrian.

8.       An invisible car came out of nowhere, struck my vehicle and vanished.

9.       I saw the slow-moving, sad-faced old gentleman as he bounced off the hood of my car.

10.   Coming home, I drove into the wrong house and collided with a tree I don’t have.

Although many might find humor in this article, please know that my intention is not to downplay or minimize the seriousness of being involved in a car accident.  I know firsthand how unpleasant the experience can be and that more serious ones resulting in bodily injury can have lasting effects. 

As always, be safe out there on the road.  You have control over your actions, but not over the actions and reactions of other drivers.  Finally, as warm weather arrives and the days grow longer, more motorcycle riders appear on the roads.  Please take an extra care, share the road, and stay alert at all times! 

Car Totaled in California: You Have Options

If unfortunately you end up in a serious accident, your insurance company may declare your vehicle a “total loss” or “totaled”. A car is totaled if the cost to repair it exceeds its current value as determined by industry statistics. Insurance companies tend to use databases such as CCC Information Services. For most insurers, the vehicle will be considered totaled if repairs add up to 75% or 80% of market value.  Insurance companies may use factors like age of vehicle, mileage and general condition to figure out the car’s actual cash value. 

Before you decide to accept a settlement amount, be sure to use resources that can easily be accessed online to validate the actual cash value.  For example, use Kelley Blue Book, the National Association of Automobile Dealers guide and Edmunds’ True Market Value appraiser to name a few.  You can always contact dealers to obtain an estimate as well.  You will need this information if you decide to appeal the settlement offer and request for an adjustment.  Whichever database, site, or appraisal source is used, remember, the insurance company has an obligation to restore you to your pre-accident status, vehicle-wise that is.

At the end of the day, if you and the insurance company still can’t resolve your differences, you may have the right under your policy to get an independent appraisal.  In California, the Department of Insurance offers an Automobile Claims Mediation Program, which helps resolve disputes about total losses and other physical damage claims.  Although there is no cost for consumers, the amount of claim must exceed $7,500 and the disputed difference between the policy holder and the insurance company must be at least $2,000.

Sometimes there are good reasons why people might want to keep their vehicle even when it is declared a total loss by the insurance company.  Whether your reasons are sentimental or financial, you can negotiate a deal to buy back the vehicle from the insurance company.  This transaction typically will subtract from the final cash settlement offer whatever the insurer could have received for the wrecked vehicle from a salvage yard.

For instance, if your car is worth $5,000 but the repairs would be $5,800, and you want to buy it back, you would get the $5,000 cash value, minus what a salvage bidder offered -- $1,000 or so – and your deductible. You pay the salvage bid, because that is the money the insurer could have recouped by totaling the car and selling it to the salvage yard.

If what is left over is sufficient to repair your vehicle or you are willing to come out of pocket because you don’t want to part with the vehicle, you can then get it fixed on your own.  But, wait, in California, like in most states, you still will need to deal with the issue of the insurance company reporting the car as totaled to the Department of MotorVehicle.  The title on the vehicle will then show salvaged, which is a way of informing future buyers that the car was severely damaged and totaled at one time.  Additionally, the repairs you get done on the vehicle must pass DMV inspection before it can be re-registered. Although the insurance company may continue to cover it, there might be restrictions that could include eliminating coverage for any future accident repairs.   

Few people want to hear after an accident that an insurance adjuster has pronounced their vehicle a total loss, but it happens.  If it happens to you, the team at Pacific Preferred Insurance Agency hope that this article has helped by making the experience a little less painful and more informed to make the best decision for your own unique situation. We always suggest that you discuss with your agent questions you may have as it relates specifically to your policy.

Protecting Your Collectible Auto

Auto enthusiasts take their cars very seriously - as they should. You’ve put plenty of time, effort and a lot of money into your collectible auto. To some it may seem like a hobby, but to you, it’s more than that, it is your passion. As a result of this passion and interest, it is important that you have the right insurance policy. Although, collector car insurance has been available for five decades, most owners of collectibles, specialty cars and street rods are still insuring them through a standard insurance company despite the higher cost and often more restrictive policies. You want to enjoy driving your classic vehicle and the last thing you should have to worry about is whether or not you have the right insurance coverage. Consider these tips as you go about the process of finding your classic car insurance.

Standard insurance annual premiums can cost up to 500% more than those offered by a specialty program that Pacific Preferred Insurance Agency can offer. Sure, standard insurance companies can provide adequate coverage for those who drive daily, but they rarely will offer the added benefits associated with a specialty program such as a collector program.

There are three types of automobile insurance offered today: Actual Cash Value (ACV), Stated Value, and Agreed Value. ACV coverage is what insures most everyday cars and pays out a depreciated "book" value in the event of a claim: the older a car is on an ACV policy, the less value it has. Some insurance companies offer Stated Value policies for collectibles. These policies are better than ACV because they allow you to "state" a value for your vehicle greater than its depreciated "book" value. But, be cautious, Stated Value can still depreciate vehicles because the policies generally require the insurance company only to pay "up to" the "stated" amount. Only Agreed Value, sometimes referred to as Guaranteed Value insurance policies is the only kind that will guarantee you will get all of your money back in the event of a total loss. There is no depreciation of a car's value with an Agreed Value policy. This is why at Pacific PreferredInsurance Agency we have an excellent program that offers “Guaranteed Value”, which ensures that you receive every cent of your car’s insured value in the event of a covered total loss.

Although there are several fine specialty programs available in the marketplace, there are differences among them. Levels of service, rates, types of coverage and claims handling all vary from program to program. Anyone insuring a collectible in California should speak to a licensed agent at Pacific Preferred Insurance Agency, where our program is second to none.

The bottom line? Classic car insurance will save you a lot of money. Interested hobbyists and collectors can now afford to own, insure, and enjoy their classics because specialty insurance programs offer lower rates and better benefits than standard insurance companies. Give us a call today at 805.351.3851 and ask us about our special collectible insurance car program.

The Top Factors Affecting Auto Rates In California

Shopping around for the best price for California car insurance can be well worth the effort for most drivers in California. In 2006 the average expenditure in California for auto insurance was $843 and this average has steadily increased since then. In that California car insurance is a legal requirement, doing price comparison between California car insurance companies can save you a lot of money over time.

Have you ever had a conversation with a friend or family member and wondered why their auto rates are so different from yours?  The factors that go into determining the premium for an auto insurance policy are many, and the rates for two drivers can be very different.  If you are wondering how the insurance company arrived at your rate, here are some of the factors that have an impact on your premiums.  To learn more, we recommend that you speak with a licensed agent at Pacific Preferred Insurance Agency.

Your Age And Experience

Your age and the length of time you have been driving are two of the biggest factors in determining insurance rates.  Young drivers who are less experienced are statistically more likely to have accidents, and their accidents are more likely to be serious.  Thus insurance companies rate for age and experience based on the risk they are taking by insuring you.  You might hear that word a lot if you look into how insurance rates are determined: risk.  The higher the risk a driver represents to an insurance company, the more they will be charged in California.

The Type Of Vehicle

The type of car you drive has a big impact on your rates as well.  Some cars are more expensive to repair, more likely to be stolen, or considered more dangerous to drive due to high speeds (sports cars, for example).  All of these things can lead to an increase in the premiums to insure that car.  Older, less valuable cars tend to be a lot cheaper to insure than newer, more expensive cars, because it will cost the insurance company more to repair or replace a newer car.

Where You Live

The zip code where you park your car at night is another determining factor in your premiums.  If there is a lot of theft in your neighborhood, this might cause an increase in insurance rates, as the insurance company is taking on a higher risk of having to pay out on a theft claim.

How Much And How Far You Drive

If you have a long daily commute, you spend more time in your car than someone who works from home, which means you are more likely to be in an accident.  The more you drive your car, the higher your premiums are likely to be.  Again, you are at a higher risk of having a claim due to more frequent use of your car, resulting in a higher premium.

These are just a few of the many factors that go into determining what an individual pays for their auto insurance.  Insurance companies rate each driver and vehicle based on the level of risk they represent-the likelihood that they will have a claim.  The lower your risk level, the better your premiums will become.

Pacific Preferred Insurance agents can help keep the process simple and will provide you with competitive insurance quotes.  We pass the savings along to you.  That's what we call "preferred savings made simple".  Give us a call today at 805.351.3851 and find out why our clients in Santa Barbara, Ventura, Oxnard, Thousand Oaks, and throughout California prefer us as their agent of choice.