What Is Tort Law?
Reader question:
What is tort law?
Abram
Thank you for asking, Abram.
Tort is related to lawsuits in the legal system, and when it comes to cheap California car insurance there are two different levels of tort that you can subscribe to. If you choose one level, you will get cheap California car insurance rates, and if you choose the higher level, then you will have to pay a little more.
The difference between the two choices is defined by when you are allowed to sue after you have gotten into a car accident which was not your fault.
- Full tort.
Cheap California car insurance will be a little more difficult to get with the full tort option. This option allows you allows you to sue for pain and suffering after you are injured in an accident which is the fault of the other driver. This option is the one that I would suggest, because if you don’t choose it, and you should end up with some very bad injury with no recourse, then the other driver’s car insurance often won’t take care of things such as wage loss or other types of pain and suffering.
- Limited tort.
This is the cheap California car insurance tort, but it might cost you more in the long run. Not in premium payments, but in losses if you get into a car accident. This option reduces your ability to file a lawsuit to very rare circumstances, such as:
- If your injury from the collision is permanent
- If someone dies
- If you are permanently disfigured
- If the other driver was DUI
- If the other driver comes from another state
Whether you choose full or limited tort is obviously your decision, and if you happen to never get into a serious accident, then you’ll probably wish you had gone with limited tort. However, many people get into a bad accident at least once in their lives, so it doesn’t hurt to be prepared.
Cheers,
Fashun Guadarrama.
California Auto Insurance Law Bill of Rights
Reader question:
I heard that there is a California auto insurance law bill of rights. What is that all about?
Mike
Great question, Mike.
This particular bit of California auto insurance law more specifically applies to auto repair body shops, so it is a good thing to keep on hand when you are having your vehicle repaired by your car insurance company’s body shop, to make sure that you aren’t taken advantage of.
This California auto insurance law has been in effect since 2001, and it mandates that California auto insurance companies must give you the bill of rights whenever you take out a polcy with them, so that you will know what your rights are when, after you have a car insurance accident, you tow your damaged vehicle to the mechanic. The problem is, though, that many people don’t read it. I know I didn’t the first time I received it a few years ago, but after becoming more aware of California car insurance law, I have taken a closer look.
According to this California auto insurance law, you have the right to:
- Choose.
Many companies before would demand that you repair your vehicle at a certain auto body shop. This is no longer acceptable. According to the California auto insurance law, you have the right to choose th repair shop that your car is fixed in, although the car insurance company may still suggest one to you.
- Be towed.
Sometimes, car insurance companies will make a lot of hassle over the charges from being towed. However, if they don’t specify a towing company for you to call when you get into an accident, then according to California car insurance law, they must pay the charges from the company that you have chosen.
- Receive an invoice.
According to California auto insurance law, not only do you have the right to see the itemized estimate for the cost of repairs to your vehicle, but you also have the right, once the vehicle is fixed, to see the bill in detail. In this bill, the parts should be defined as being OEM or aftermarket so that you can make an intelligent decision about them. Remember that aftermarket is cheaper, but if you intend to sell or trade in your vehicle in the future, these parts do make the value go down.
- Complain.
If you believe that there have been fraudulent activities done concerning the repair of your car or the invoice, then California auto insurance law states that you have the right to report this, as well a complain about the quality of the repairs to someone in a position of authority.
- Be informed.
You have the right, according to California auto insurance law, to be informed of the details of your policy, and to be told if you are able to, or not able to, rent a car that will be covered by your policy.
Cheers,
Fashun Guadarrama.
I Got a Speeding Ticket In Wisconsin But Live In California
Reader’s question:
I live in California and I got a speeding ticket while traveling in Wisconsin. I paid the fines already, can I take on-line course to have the ticket removed?
Kyle
Thank you for asking.
California is a member of the Drivers License Compact. This means that your home state as well as the other member states will report any traffic violations their licensed motorists received from the out of state. Wisconsin is not part of the DLC but it does not mean that the California Department of Motor Vehicle will not be informed about the ticket you received in Wisconsin.
Since you already paid the fine, it seems that you’ve already been convicted of the speeding violation. This information would have already been transferred and and put in your driving record. There is no type that of driving course or traffic school that can removed from your record the ticket that you received in Wisconsin. You may still contact the California DMV and verify if there is an on line class that you can take or any other options that you have to have the the ticket removed from your driving record.
Once the ticket has been put on your record and has assigned points to it, I dont think California will allow for this information to be removed from your record. It is going to be 1 point for the out of state speeding ticket in California.
You must get an approval from the clerk of the court from the county where you received the ticket and ask them if you can take the driving school in California.
Goodluck!
MariCAR
Can You Sue Your California Auto insurance Carrier?
Okay, you found your car insurance company, and now it’s time to give up your money and get your auto insurance policy in return. However, it shouldn’t be as simple as that. You may have found the best company and the best rate, but that doesn’t preclude you from the read your auto insurance policy in requirement. Anytime you get an auto insurance policy without reading it beforehand, you are looking for trouble in the future. Here are a couple of things you should look out for.
- Don’t let go of your tort.
In many states, you have the option to limit the amount that you can sue. Normally, if you have limited lawsuit capability, your auto insurance policy in will cost less. However, you have to consider that if you do this, you are making it very hard for yourself in extreme situations. Normally they will only let you sue if you have undergone some terrible, life long injury. And it also makes it to where the car insurance company can take advantage of you.
If you keep the right to sue as part of your auto insurance policy, then you are more free with your ability to file a claim and if you have any problems with your claim, be it with the company or the other driver, then you can still go to court to handle your problems instead of relying on othe methods which might not be as rewarding for you.
- Check your parts.
Another thing that the insurance companies like to slip into the auto insurance policy is the requirement for aftermarket parts whenever you are getting repairs. Often, even people who read their auto insurance policy will not realize what this means, but if you read my post about aftermarket and OEM parts you can see why this requirement might not be good for you.
Other names for aftermarket parts are ‘new factory’ and ‘like kind and quality’.
Understanding California Car Insurance Rules and Terminology
When you’re buying your California car insurance online, you will usually come across a lot more car insurance terms than you would if you were buying them in an office or with an agent over the phone. The good thing about having an agent is that they will be there to explain rules and terms to you. However, more and more people are realizing that they don’t need an agent, and can in fact get all of their car insurance online. As a result, more confusion can happen because the only person there to explain car insurance terms to you is you yourself. I’ve made a list of common terms that you will encounter while buying your car insurance online. Hopefully it will make the process much easier.
- Actual cash value: This is the amount that your car is worth, after depreciation, and is what you receive after your vehicle is totaled in a car accident.
- Benefit: this is what you get when you file a claim, paid by the car insurance online company.
- Bodily injury liability: this is for if you get into an accident that you cause, to take care of the medical coverage for the injured people in the other vehicle.
- Claim: when you get into a car accident and you ask to get money for your coverage based on damages.
- Collision: This is coverage for whenever you get into an at fault accident to cover the damages on your own property.
- Comprehensive: coverage for things such as vandalism, theft, and damages due to natural disaster.
- Deductible: the part of the expenses that you have to pay before your car insurance coverage kicks in.
- Exclusion: something that is not covered by the CA car insurance online policy.
- Full coverage: liability plus comprehensive and collision.
- Indemnity: a predetermined sum paid for loss.
- Limits: the highest the car insurance online company will pay for losses.
- No fault insurance: car insurance claims dealt with in each person’s own company. No blame involved or required.
- Personal injury protection: covers medical expenses for the at fault driver, including long term and wage loss for serious injuries.
- SR22 form that must be filed for three years or more as proof of insurance after DUI.
- Tort: when you sue someone for damages after a car insurance accident.
- Uninsured motorist coverage: when you get into an accident with an uninsured or underinsured motorist and they are at fault, then you will need this coverage for your own damages.
How Much is a Ticket In California For Driving Without Insurance?
Reader’s question:
How much is the ticket if you drive in California without an insurance?
Trish
Thank you for asking Trish.
If get caught driving without insurance in California or if you fail to show proof of financial responsibility, it is a violation of California Vehicle Code Section 16029. This can result in fines up to $500 plus penalties. Your vehicles may be impounded or your license may be suspended. If the vehicle gets towed or impounded, you are responsible for paying the tow charges and the storage fees as well.
This law, upon first conviction, a fine not less than one hundred dollars($100) and not more than $200 dollars ($200) will be assessed. Upon subsequent conviction occurring within three years prior conviction you will be assessed with a fine of not less than two hundred dollars ($200) and not more than five hundred dollars ($500).
The exact amount of the fine will be determined by the court of jurisdiction where you received the ticket as being uninsured motorist. Once the amount has been decided, you have the option to pay in person at the court and you can send the payment by mail.You may check in the court’s website if you can also pay by phone or online.
Goodluck!
MariCAR
Do I Need Car Insurance in California To Drive My Friend’s Car?
Reader’s question:
I have a California driver’s license but I do not have car insurance. Can I still use my friend’s car if its insured?
Cheska
Good question Cheska.
According to the California Department of Motor Vehicle, all car drivers and vehicle owners must have the required minimum liability car insurance. This means that even if you do not have a vehicle, you would still need to carry an auto insurance and a driver’s license in California.
You may check with your friends insurance policy if you are covered with her policy if you’re going to drive your friend’s car. If you are going to drive that car on a regular basis, your friend should add you as the occasional driver on that car.
Normally, the car insurance insurance follows the car. So you should be covered by your friend’s car insurance.
It is best to check with the insurance provider if they have any exclusion in this kind of situation.
Goodluck!
MariCAR
California Auto Insurance Question
Reader’s question:
I live in California and My car is registered in California but my sister uses it in Arizona. Should I get an insurance in Arizona if my sister is authorized to drive my car?
Ether
Thank you for asking Ether.
You should insure the car in the state where you registered it. It would be difficult to insure your car in Arizona since your car is registered in California. Almost all insurance companies would not allow to insure the car if the owner living in the one place and the car is residing or garaged in another state. That means they do not allow insuring vehicles from more than one household.
One more thing is that there are different required insurance in different states. In California the mandatory minimum liability insurance is 15/30/5. This means that the personal injury protection is $15000 per one person per accident, $30000 per 2 or more persons per accident and the property damage liability is $5000. The state of Arizona, however, requires 15/30/10. It also required in Arizona for all motor vehicles that will be continuously on their roadways to be covered by the insurance providers that is authorized to do business in the state.
For your car to be insured in Arizona, you will need to register it in Arizona. You may contact the Arizona Department of Motor Vehicles on how to go about insuring your car in that state.
Goodluck!
MariCAR
How Do I Get a Replacement Driver’s License in California?
Reader’s question:
My father said he lost his driver’s license and he cant find it due to poor eyesight. What can he do to get a replacement in California?
Bem
Good question Bem.
If the senior did not pass the vision test, the California Department of Motor Vehicles will give a supplemental driving performance evaluation to check if the individual can compensate for the vision condition. The license may be revoke once the result shows that the driver is unsafe to drive. The senior driver may also request for a hearing after the notice of revocation.
Since your father lost his driver’s license, you can get a copy by filling out a form with the DMV. You will be able to check if his license has been suspended or revoked. If you think that your father has been driving illegally in the state of California, you may a write a letter regarding all the information to the driver Safety Office.
His policy may still be in effect if the insurance company didn’t notice that he has an invalid license. If your father gets caught driving with an invalid license, then he will be cited for the conviction and the vehicle may be towed or impounded for 30 days.
Goodluck!
MariCAR
How Long Does a Traffic Violation Stay On My Record in California?
Reader’s question:
How long does a violation stays on my driving record in California?
Tanyah
Thank you for asking, Tanyah.
Convictions like hit and run, reckless driving under the influence (DUI) and other traffic offenses will remain on your driving record for 7 years from the violation date and counted as 2 points.
Other traffic violations and offenses remains in your record for only three years from the violation date and counted as 1 point. Accidents are reported for three years from the date of the accident and if you are found at fault, it is normally counted as one point.
Your drivers license may be suspended due to A DUI or failure to provide a proof of financial responsibility and it will be reported for three years from the reinstatement date or the proof of the termination date. If you fail to appear for DUI offenses, it reported for 10 years from the date of the violation. Failure to Appears and Failure to pay fines are reported for 5 years from the date of the violation.
Goodluck!
MariCAR
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