CA Rental & Accident - DMV Suspension for No Proof of Insurance
Oct 5, 2015, 11:08 pm
#1
Original Poster
Join Date: Apr 2012
Posts: 35
CA Rental & Accident - DMV Suspension for No Proof of Insurance
I do not own a car and thus have no insurance. I took out a rental car from Avis. I was involved in an accident in which I was not at fault. In fact, I filed a third party claim with the other driver's insurance company and they accepted responsibility. I thought I was in the clear... Today, I received a letter from the CA DMV advising that I had a duty to report the accident within 10 days because it involved more than $750 in property damage. The CA DMV is now requesting me to provide proof of insurance which I don't have. From what I've read, even if you aren't at fault in CA, your drivers license is subject to a mandatory 1 year suspension.
I don't think the CA DMV knows that I was in a rental car and not my own vehicle. Even so, does the fact that it was a rental car shield me from the CA DMV coming after my license for not having insurance at the time of the accident?
I don't think the CA DMV knows that I was in a rental car and not my own vehicle. Even so, does the fact that it was a rental car shield me from the CA DMV coming after my license for not having insurance at the time of the accident?
Oct 6, 2015, 5:15 am
#2
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I do not own a car and thus have no insurance. I took out a rental car from Avis. I was involved in an accident in which I was not at fault. In fact, I filed a third party claim with the other driver's insurance company and they accepted responsibility. I thought I was in the clear... Today, I received a letter from the CA DMV advising that I had a duty to report the accident within 10 days because it involved more than $750 in property damage. The CA DMV is now requesting me to provide proof of insurance which I don't have. From what I've read, even if you aren't at fault in CA, your drivers license is subject to a mandatory 1 year suspension.
I don't think the CA DMV knows that I was in a rental car and not my own vehicle. Even so, does the fact that it was a rental car shield me from the CA DMV coming after my license for not having insurance at the time of the accident?
I don't think the CA DMV knows that I was in a rental car and not my own vehicle. Even so, does the fact that it was a rental car shield me from the CA DMV coming after my license for not having insurance at the time of the accident?
If you didn't have insurance through your credit card, what happened with the damage to your rental car. Did you pay it out of pocket and then go after the other guy's insurance?
Oct 6, 2015, 7:19 am
#3
Join Date: May 2014
Location: Tucson AZ
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Some interesting information found on the web:
"According to California DMV, The following minimum liability insurance is required for private passenger vehicles:
$15,000 for injury/death to one person. (Also known as bodily injury liability)
$30,000 for injury/death to more than one person.
$5,000 for damage to property. (Also known as product damage liability)
The only required insurance coverage when renting cars in California is third party liability. Drivers must also carry proof of liability insurance (your own insurance card or the car rental contract if liability coveerage was purchased) as that is required by law.
For California, rental car companies do not automatically provide any liability protection to the renter as part of the standard rental agreement."
Did you have liability? If not, you were uninsured even with a rental car in the eyes of CA.
"According to California DMV, The following minimum liability insurance is required for private passenger vehicles:
$15,000 for injury/death to one person. (Also known as bodily injury liability)
$30,000 for injury/death to more than one person.
$5,000 for damage to property. (Also known as product damage liability)
The only required insurance coverage when renting cars in California is third party liability. Drivers must also carry proof of liability insurance (your own insurance card or the car rental contract if liability coveerage was purchased) as that is required by law.
For California, rental car companies do not automatically provide any liability protection to the renter as part of the standard rental agreement."
Did you have liability? If not, you were uninsured even with a rental car in the eyes of CA.
Oct 6, 2015, 8:01 am
#4
Original Poster
Join Date: Apr 2012
Posts: 35
Did your credit card provide any sort of insurance? If so you should be able to call your credit card company and request a copy of the policy and send it to the DMV along with a copy of your rental contract along with a letter explaining the situation.
If you didn't have insurance through your credit card, what happened with the damage to your rental car. Did you pay it out of pocket and then go after the other guy's insurance?
If you didn't have insurance through your credit card, what happened with the damage to your rental car. Did you pay it out of pocket and then go after the other guy's insurance?
regarding the car, i did not pay it out of pocket. the other guy's insurance told me to send them any bill i receive from avis. however, i have not been billed by avis and when contacted by avis' claim administration company, i just gave them the claim number with the other guy's insurance company and told them they have accepted responsibility.
Oct 6, 2015, 8:04 am
#5
Original Poster
Join Date: Apr 2012
Posts: 35
Some interesting information found on the web:
"According to California DMV, The following minimum liability insurance is required for private passenger vehicles:
$15,000 for injury/death to one person. (Also known as bodily injury liability)
$30,000 for injury/death to more than one person.
$5,000 for damage to property. (Also known as product damage liability)
The only required insurance coverage when renting cars in California is third party liability. Drivers must also carry proof of liability insurance (your own insurance card or the car rental contract if liability coveerage was purchased) as that is required by law.
For California, rental car companies do not automatically provide any liability protection to the renter as part of the standard rental agreement."
Did you have liability? If not, you were uninsured even with a rental car in the eyes of CA.
"According to California DMV, The following minimum liability insurance is required for private passenger vehicles:
$15,000 for injury/death to one person. (Also known as bodily injury liability)
$30,000 for injury/death to more than one person.
$5,000 for damage to property. (Also known as product damage liability)
The only required insurance coverage when renting cars in California is third party liability. Drivers must also carry proof of liability insurance (your own insurance card or the car rental contract if liability coveerage was purchased) as that is required by law.
For California, rental car companies do not automatically provide any liability protection to the renter as part of the standard rental agreement."
Did you have liability? If not, you were uninsured even with a rental car in the eyes of CA.
Oct 6, 2015, 8:10 am
#6
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yes, i read information similar to this. no, i didn't have liability. i'm gonna have to think this situation through because i can't have my license suspended and then be subject to SR-22 requirements for 3 years...
Did you use an organization/association discount code (like AARP/USAA) that provides primary third-party liability coverage when renting with Avis at participating U.S. locations?
Going forward, if you rent with some frequency, have you considered obtaining a non-owned-auto liability policy?
Originally Posted by ivyesq2012
Some interesting information found on the web:
"According to California DMV, The following minimum liability insurance is required for private passenger vehicles:
$15,000 for injury/death to one person. (Also known as bodily injury liability)
$30,000 for injury/death to more than one person.
$5,000 for damage to property. (Also known as product damage liability)
The only required insurance coverage when renting cars in California is third party liability. Drivers must also carry proof of liability insurance (your own insurance card or the car rental contract if liability coveerage was purchased) as that is required by law.
For California, rental car companies do not automatically provide any liability protection to the renter as part of the standard rental agreement."
Did you have liability? If not, you were uninsured even with a rental car in the eyes of CA.
"According to California DMV, The following minimum liability insurance is required for private passenger vehicles:
$15,000 for injury/death to one person. (Also known as bodily injury liability)
$30,000 for injury/death to more than one person.
$5,000 for damage to property. (Also known as product damage liability)
The only required insurance coverage when renting cars in California is third party liability. Drivers must also carry proof of liability insurance (your own insurance card or the car rental contract if liability coveerage was purchased) as that is required by law.
For California, rental car companies do not automatically provide any liability protection to the renter as part of the standard rental agreement."
Did you have liability? If not, you were uninsured even with a rental car in the eyes of CA.
Going forward, if you rent with some frequency, have you considered obtaining a non-owned-auto liability policy?
Oct 6, 2015, 8:24 am
#7
Original Poster
Join Date: Apr 2012
Posts: 35
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Did you use an organization/association discount code (like AARP/USAA) that provides primary third-party liability coverage when renting with Avis at participating U.S. locations?
Going forward, if you rent with some frequency, have you considered obtaining a non-owned-auto liability policy?
Did you use an organization/association discount code (like AARP/USAA) that provides primary third-party liability coverage when renting with Avis at participating U.S. locations?
Going forward, if you rent with some frequency, have you considered obtaining a non-owned-auto liability policy?
however, my current issue is how to avoid my license being suspended for an accident i wasn't at fault for... it appears that under CA law, it doesn't matter whether you were at fault. if you weren't insured, you are subject to the mandatory suspension.
Oct 6, 2015, 8:34 am
#8
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"my current issue is how to avoid my license being suspended for an accident i wasn't at fault for"
It might be time to consider consulting with a competent California lawyer who is experienced in these issues.
The accident itself is irrelevant; it merely triggered the inquiry as to your insurance coverage. If you had been stopped at a police checkpoint and had been asked to produce proof of liability insurance, you might find yourself in the very same pickle.
"my current issue is how to avoid my license being suspended for an accident i wasn't at fault for"
It might be time to consider consulting with a competent California lawyer who is experienced in these issues.
The accident itself is irrelevant; it merely triggered the inquiry as to your insurance coverage. If you had been stopped at a police checkpoint and had been asked to produce proof of liability insurance, you might find yourself in the very same pickle.
Oct 6, 2015, 8:51 am
#9
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Does the OP have any kind of property insurance (homeowner/ renter)? Sometimes there is a small amount of liability insurance included in those policies. Was this car rented for work? If so, your employer may have some kind of liability insurance (might be in the workers comp policy) for its employees.
You do NOT want to have your license suspended, as that triggers other bad outcomes (future insurability).
You do NOT want to have your license suspended, as that triggers other bad outcomes (future insurability).
Oct 6, 2015, 8:57 am
#10
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"my current issue is how to avoid my license being suspended for an accident i wasn't at fault for"
It might be time to consider consulting with a competent California lawyer who is experienced in these issues.
The accident itself is irrelevant; it merely triggered the inquiry as to your insurance coverage. If you had been stopped at a police checkpoint and had been asked to produce proof of liability insurance, you might find yourself in the very same pickle.
"my current issue is how to avoid my license being suspended for an accident i wasn't at fault for"
It might be time to consider consulting with a competent California lawyer who is experienced in these issues.
The accident itself is irrelevant; it merely triggered the inquiry as to your insurance coverage. If you had been stopped at a police checkpoint and had been asked to produce proof of liability insurance, you might find yourself in the very same pickle.
Oct 6, 2015, 8:59 am
#11
Original Poster
Join Date: Apr 2012
Posts: 35
Does the OP have any kind of property insurance (homeowner/ renter)? Sometimes there is a small amount of liability insurance included in those policies. Was this car rented for work? If so, your employer may have some kind of liability insurance (might be in the workers comp policy) for its employees.
You do NOT want to have your license suspended, as that triggers other bad outcomes (future insurability).
You do NOT want to have your license suspended, as that triggers other bad outcomes (future insurability).
true, i don't want my license suspended but if it came to that, does it actually lead to future issues with being insured or just higher premiums to get insured.
Oct 6, 2015, 9:20 am
#12
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I don't know CA law, and am not a lawyer, but you might want to consult a lawyer in CA.
Oct 6, 2015, 10:58 am
#13
Join Date: Sep 2013
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Posts: 1,251
This thread just inspired me to go get a non-owners policy. I just got off the phone after getting a policy and it only came to $26/month. Money well spent considering that's how much the rental car companies spend per day. I've been putting it off just because of the hassle, but this story really illustrates the point of how important it is to have coverage.
Oct 6, 2015, 11:05 am
#14
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What company gave you that quote? Did you check with a Travelers agent to see how much they want?
Originally Posted by Big4Flyer
This thread just inspired me to go get a non-owners policy. I just got off the phone after getting a policy and it only came to $26/month. Money well spent considering that's how much the rental car companies spend per day. I've been putting it off just because of the hassle, but this story really illustrates the point of how important it is to have coverage.
Oct 6, 2015, 11:21 am
#15
Original Poster
Join Date: Apr 2012
Posts: 35
This thread just inspired me to go get a non-owners policy. I just got off the phone after getting a policy and it only came to $26/month. Money well spent considering that's how much the rental car companies spend per day. I've been putting it off just because of the hassle, but this story really illustrates the point of how important it is to have coverage.
that being said, just gotta figure out a way to save my drivers license from suspension now.