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  1. #31
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    Apr 2006
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    526

    Default Re: Not-at-fault accident while excluded from owner's insurance policy

    Mo, who will be considered responsible for payment of damages, the owner of the vehicle or the driver or both? Does it make sense that the insurance company would agree to remove the exclusion following this wreck? Was that perhaps because the DMV has not reported the violation to the insurer?

  2. #32
    Join Date
    Jul 2006
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    Ohio
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    Default Re: Not-at-fault accident while excluded from owner's insurance policy

    Quote Quoting cissycicle
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    Mo, who will be considered responsible for payment of damages, the owner of the vehicle or the driver or both? Does it make sense that the insurance company would agree to remove the exclusion following this wreck? Was that perhaps because the DMV has not reported the violation to the insurer?
    I'm not exactly sure. Generally, the person who is at fault is responsible for the damages. If they don't have it (can't pay), then the owner will probably be sued.

    The exclusion was probably voluntary. The mom probably didn't want to pay for the OPs insurance premiums. If the insurance company required the exclusion (OP had bad driving record, or something like that), then they more than likely would not have allowed him to be added to the policy.

    The DMV doesn't "report" an accident to the insurance company. The accident goes on the drivers' records. The driving record doesn't state fault, but the police report does (as Carl stated). Insurance companies order C.L.U.E. reports (you can order yours once per year at www.choicetrust.com), and can generally determine fault from it (or the police report).

    However, insurance companies do report uninsured drivers to the DMV.

  3. #33
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    Sep 2005
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    Default Re: Not-at-fault accident while excluded from owner's insurance policy

    Mo, as a note, a CA driver's record will state the collisions a person was reported as involved in and whether they were found to be most at fault (by the report).

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  4. #34
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    Ohio
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    Default Re: Not-at-fault accident while excluded from owner's insurance policy

    Quote Quoting cdwjava
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    Mo, as a note, a CA driver's record will state the collisions a person was reported as involved in and whether they were found to be most at fault (by the report).

    - Carl
    I'm not sure what you're saying.

    I've never ordered (as an underwriter) a CA driving record that showed fault. Now, having said that, insurance companies order abstracts, but they aren't directly from the DMV. But, I also haven't been an underwriter in a LONG time, either

    Are you saying that the driving record shows fault, or the police report?

  5. #35
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    Sep 2005
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    California
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    Default Re: Not-at-fault accident while excluded from owner's insurance policy

    Quote Quoting moburkes
    Are you saying that the driving record shows fault, or the police report?
    Both.

    The DMV driving record will report the accidents the driver has been involved in. I am trying to remember this off the top of my head, but I believe they not only indicate whether the driver was found to be "party most at fault", but they provide the date and location of the collision.

    Now, I can't say WHAT information the DMV reports to insurance companies for driving records, but that's pretty basic stuff so I am assuming it's there. But, they may give you a different format ... there are something like 6 or 7 options to choose from when running DMV records and not all of them will result in collision information ... but, the ones that don't show collisions also won't give a point count.


    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  6. #36
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    Location
    Ohio
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    Default Re: Not-at-fault accident while excluded from owner's insurance policy

    Quote Quoting cdwjava
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    Both.

    The DMV driving record will report the accidents the driver has been involved in. I am trying to remember this off the top of my head, but I believe they not only indicate whether the driver was found to be "party most at fault", but they provide the date and location of the collision.

    Now, I can't say WHAT information the DMV reports to insurance companies for driving records, but that's pretty basic stuff so I am assuming it's there. But, they may give you a different format ... there are something like 6 or 7 options to choose from when running DMV records and not all of them will result in collision information ... but, the ones that don't show collisions also won't give a point count.


    - Carl
    Thanks for the info. Remember, too, that insurance points aren't the same as DMV points, so they won't order any reports with that information, because they don't need it.

  7. #37
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    Sep 2005
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    California
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    Default Re: Not-at-fault accident while excluded from owner's insurance policy

    Quote Quoting moburkes
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    Thanks for the info. Remember, too, that insurance points aren't the same as DMV points, so they won't order any reports with that information, because they don't need it.
    But they might want the printout with violations listed over the past 7 years. They can assign the violations their own points. I misspoke as most the printouts we pull don't have a point value attached to them. The points don't mean much to law enforcement.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  8. #38
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    Location
    Ohio
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    Default Re: Not-at-fault accident while excluded from owner's insurance policy

    Okay.

  9. #39
    Join Date
    Oct 2006
    Posts
    15

    Default Re: Not-at-fault accident while exempted on Mom's policy in CA

    Quote:
    It will help to know what the PCF says ... I'm gonna guess it lists your party number as the party at fault and the section as CVC 21802(a)? Some officer MIGHT list this as CVC 22106 ... I wouldn't.

    The PCF on the report, does the DMV automatically give the point to the party based on what the police wrote as the PCF? Cops word and write reports different than what is reported to them, therefore not accurate.

  10. #40
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    Sep 2005
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    California
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    Default Re: Not-at-fault accident while exempted on Mom's policy in CA

    Quote Quoting rear-ended
    The PCF on the report, does the DMV automatically give the point to the party based on what the police wrote as the PCF? Cops word and write reports different than what is reported to them, therefore not accurate.
    The DMV generally goes with the party at fault on the report.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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