DUI In California

Reader’s Question:

We are all doing fine after a serious accident and our vehicle has been declared a total loss. What can I do if the actual cash value of my vehicle according to my insurance company is not what I believe it is and I want to dispute it with them here in Visalia, California?

Bishop

Visalia, CA

To find out your vehicle’s actual cash value (ACV), the claims evaluator from your insurance provider in Visalia, California uses a mixture of value guide books, private party sales, merchant surveys and pricing sites through the Internet. They also include other aspects such as registration, sales tax and title pricing of a replacement automobile to come up with this amount. As business-minded as they are, these various factors are different from one insurance provider to another and also from each state. In the end, what one insurer figures out as the value of your vehicle may be different from another insurer as well as what you have come up with on your own.

So don’t just believe what they say about your vehicle’s ACV and engage yourself in the assessment process. You have to make some study on your own because the higher your vehicle’s worth, the greater your check will be since your vehicle has been declared a total loss. In some occasion like if you have a rare trim level or special edition automobile, you know obviously that your vehicle’s value is more than what they are telling you. Do not be scared to present your case and request them to make a correction. Remember that your auto insurance provider is obliged by law to give you a reasonable price.

Reader’s Question:

I have not been involved in a car accident yet, and have no plans of being involved in the future, but I want to be prepared and know how to properly file a claim to my insurance company here in Berkeley, California. Any tips?

Dan Paulo

Berkeley, CA

It’s a good idea to be proactive and know how to properly file a car insurance claim if, and when, you get involved in a car accident. Car accidents may come as a shock to most that they forget to do some necessary process, or gather important information about the accident and the parties involved. Some may even find their car insurance provider unhelpful if they weren’t able to take all necessary information such as license plates, names, etc., during the accident, making filing a claim a bigger hassle than it should be. Here’s a list of the actions you need to take if you get involved in a car accident:

Get all the necessary information.
If a car accident involves others, make sure you note down names, vehicle information such as license plates, contact numbers and addresses. This will assist your insurance company in contacting all the people involved to process the necessary insurances or claims to be made.

File a Police Report.
Get in touch with the police department there in Berkeley, California and file the necessary report as soon as possible. Your insurance company will be looking for this when you file your claim.

Call your car insurance agent.
Ask what are the steps you need to do and documents you need to give or fill out to file for a claim. Also consult your policy to see what kind of coverages and bring this policy with you when you meet up with your insurance agent.

Reader’s Question:

I just got a traffic ticket here in Berkeley last Tuesday for speeding and unfortunately I’m a little drunk at that time. Does my unlawful behavior affect me of getting a cheaper car insurance here in California? Can I get a comparison car insurance quote?

Leigh

Berkeley, CA

First of all, this unlawful behavior is what Insurance Companies there in  California consider in giving you on how much they will offer you for this are the grounds on giving increase to your insurance rate.

With regards to traffic tickets, as long as you get one traffic ticket only for a year. You can just use the deferment program and pay the traffic ticket and your record will be erased and the insurance company will not be able to recognize it. It is easier to get away from traffic violation especially if you haven’t used your deferment program yet. Unlike other unlawful behavior like driving under the influence of alcohol and drugs, it is not easy to get out off it which includes a complication in your car insurance. If it is a car accident and it wasn’t your fault you will still have a charge raise for you are in the accident and you are there to complete it and that makes you still a part of the accident. And if it is your fault the more you will have a problem especially if you have been drinking. Not only that you are going to have problem with the law but also with the unstoppable increase of your insurance.

Reader’s Question:

I’m doing a little online search for SR22 auto insurance because of my DUI charge here in California and I kinda need a little help. Aside from the price, what are the factors that I need to consider when purchasing SR22 auto insurance?

Harvey

San Francisco, CA

Because of your DUI charge in California, you are required to maintain a high risk auto insurance policy that is referred to as the SR22 auto insurance. This form is being filed through the Department of Motor Vehicles (DMV) and it can be filed on your behalf by your insurance company either online or in person. If you would want to get your high risk insurance policy established quickly in order to restore your driving privileges, then you might want to file the SR22 auto insurance form online since you are already doing an online search for SR22 auto insurance.

When choosing your high risk auto insurance provider, you might want to look at different factors aside from the price of the insurance policy. The important factors to consider are the availability of policies in your geographical area, the type of insurance company you’re dealing with, cancellation and suspension guidelines and coverage offered for the SR22 auto insurance. Get a free online rate quote now from a great insurance company for your SR22 auto insurance needs.

Reader’s Question:

I have been driving for a long time and this is the first time that I was charged with a criminal traffic offense that’s why a DUI charge is very new to me. What do you think is the first thing that I would so after being arrested for DUI in California?

Daisy

El Monte, CA

One of the fundamental rules that you should do after being arrested for DUI in  California is to request for an administrative hearing with the Department of Motor Vehicles (DMV) within 10 days upon your arrest. If you miss to request for the DMV hearing, you could lose your driver’s license for four months or so after 30 days. What’s even worse news is that the DMV hearing is entirely different from the criminal court trial. There would be no prosecutor at a DMV hearing and it is more often easier to “win” the defense at the DMV hearing than at the court trial.

With the knowledgeable guidance of a highly experienced DUI defense lawyer, you would be taken through the complicated process of a DUI case step by step. I tell you that you would not miss the deadline by which you must request the DMV hearing wherein you could risk losing your driving privileges for a certain period of time. Also, you would actually know when, where and how to file the required SR22 form from your insurance company.

Reader’s Question:

I have a DUI conviction in Fresno, California and luckily, my insurance company was able to give me coverage. But I’m just curious, what could be the reasons that an insurance company would not provide insurance for me anymore and how long do I have to carry the SR22 insurance?

Derek

Fresno, CA

Because of your DUI conviction in Fresno, California, you would have to carry the SR22 car insurance for a minimum of three years. This is a type of car insurance required by the California Department of Motor Vehicles (DMV) and the courts for drivers after a DUI-related offense. The SR22 form serves as an agreement between the DMV and your SR22 provider that requires the insurance company to immediately notify the DMV if the insurance company is no longer providing insurance for the driver anymore.

One of the reasons why an insurance company may not be able to provide insurance anymore is because of a lapse in coverage. Your SR22 insurance could lapse due to missing a payment or being late making a payment. The other reason could be a termination of your coverage. If your insurance company decides that you are too high of a risk due to maybe another accident or and/or DUI offense. One other reason is that if you switch SR22 providers. Even if you switch provider for your SR22 insurance, your insurance company is still required to file a Notice of Cancellation of California Insurance Proof Certificate.

Reader’s Question:

I am on probation for a DUI conviction here in California. My driver’s license is suspended. I am getting ready to get my license back. What are the things that I need to do to get my license back?

Jacob

Bakersfield, CA

In the state of California, if you need to get your driver’s license back, you need to file SR22 insurance. This is not auto insurance in itself but rather a proof of financial responsibility. This is a form which notifies the state that you have the required insurance coverage. Many insurance companies would still cover a driver after a DUI conviction although it may not be from your original insurance company. Your license can be suspended again if the SR22 file lapses.

Another possibility of getting your license back after a DUI is an expungement. Having a DUI expungement also means not having to report a DUI on certain applications pertaining to employment or other personal matters. Moreover, a properly expunged DUI record is generally prohibited from appearing on pre-employment background checks or other sensitive inquiries. Not all criminal records are eligible for expungement because several conditions may apply such as past criminal history, the purpose of the expungement and the severity of the offense for which expungement is being considered. This expungement is usually blotted out from a person’s legal records but not totally obliterated. Nevertheless, the effects of a DUI expungement are amazingly positive.

Reader’s Question:

I got convicted for DUI in New Jersey in February 2005. I now live in San Diego, CA. How long will that DUI remain on my driving record and affect my insurance rates here in California?

Tori

San Diego, CA

With respect to your permanent NJ DMV driving record, your DUI conviction will remain permanent. You should check with the CA Department of Motor Vehicles to find out if they have placed this DUI or any other offenses that were previously on your NJ record on your new California driver’s history.

California has a new law effective January 1, 2007 which extends the reporting period for DUI offenses from 7 to 10 years for all public requestors, including insurance companies. Under this new law, you may not qualify for a good driver discount again until 10 years from you DUI violation.

A DUI may have been considered by an insurance company for premium surcharges for a period of seven years up until 2007. However, it can be considered in California for 10 years.

You may want to contact the California Department of Insurance, which is the insurance regulator for CA, since your DUI was out of state for you to be able to find out how long an insurance company in CA can rate you on your NJ DUI from 2005.

It is better to contact your insurance agent if you have any additional questions on your insurance premiums.