Chapter recap
Personal Auto
California's Financial Responsibility Law
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Policies issued or renewed from 1/1/2025: 30/60/15 (Veh. Code §16056); 50/100/25 from 2035.
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§16020 proof includes a binder; a driver license is not proof.
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§16025: drivers exchange insurance details; failure = infraction, fine up to $250.
The ISO PAP: eligibility and who is an insured
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PAP = private passenger autos (and qualifying pickups or vans) owned by individuals for personal use.
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Any person using a covered auto (with permission) is an insured; §11580.1(d)(1) named-driver exclusion binds all claimants.
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Separated spouse stays "you" until the earliest of 90 days, own policy, or policy expiration (ISO).
Where the PAP applies, car pools vs. for-hire use, and shared rides
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Territory: U.S., territories and possessions, Puerto Rico, Canada, and transport between their ports; not Mexico.
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Share-the-expense car pool = covered; for-hire use = excluded.
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2018 PAP: excluded whenever logged into a TNC platform as a driver, even with no passenger.
"Your covered auto," newly acquired autos and vacation rentals
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Temporary substitute = non-owned car used while the listed car is out of use for breakdown, repair, servicing, loss or destruction.
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Newly acquired auto gets the broadest coverage on any listed vehicle (collision has its own rule).
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Collision on a listed auto: automatic from ownership, 14-day notice (ISO). None listed: must request.
Primary, excess and "other insurance"
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§11580.9(d): the policy on the owned car is primary; others are excess (insurance follows the car).
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Shop employee driving = shop policy primary; customer in a loaner = dealer policy excess.
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Pro rata: each insurer pays limit ÷ total limits × loss.
Proposition 103 rating, the Good Driver Discount, credit and driving records
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Prop 103 order: safety record, annual miles, years of experience.
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Good driver: licensed 3 years, at most 1 point, no at-fault injury or death accident; discount at least 20%.
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No credit report as a decline basis or premium factor; MVR at application, new driver, every 36 months.
Cancelling and nonrenewing a California auto policy
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Cancel only for listed reasons (§§661, 1861.03(c)(1)): nonpayment, fraud, substantial increase in hazard, etc.
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Negligent misstatement cure: corrected info within 20 days + pay the premium difference.
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Cancel: 20 days (10 for nonpayment). Nonrenew: 30 days; renewal offer: 20 days; late notice = 30 days from mailing.
Transportation network company (TNC) drivers
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Personal policy: no coverage, no duty to defend from log-on to log-off or passenger exit (§5434(b)), unless endorsed.
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Logged on, no request: 50/100/30 primary + $200,000 excess. Request accepted: $1,000,000.
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Passenger aboard: UM/UIM $60,000/$300,000 from the TNC; no personal-policy denial needed (§5433(d)).
Personal vehicle sharing
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Vehicle sharing = non-owners use a private passenger car through a sharing program (§11580.24).
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Outline: program covers the car if revenue ≤ annual expenses and no commercial use (incl. TNC).
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Outline: coverage at least equal to what the owner maintains and reports.
Part A Liability: limits, supplementary payments, out-of-state coverage and exclusions
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Split limits: per-person cap first, then per-accident (BI only); PD separate.
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CSL: one amount per accident for BI + PD, no per-person cap.
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Defense and supplementary payments are paid in addition to the limit; out-of-state limits are raised, not added.
Part B Medical Payments
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Med pay: per person, regardless of fault, for you, family and others in your car.
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Named insured and family covered as occupants or as pedestrians struck by a motor vehicle.
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Excluded: injury while occupying a vehicle with fewer than four wheels (e.g., a motorcycle).
Uninsured motorists coverage: required unless deleted in writing
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§11580.2(a)(1): UM is in every CA BI liability policy unless deleted or reduced by written agreement on the statutory form.
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One named insured's deletion binds all insureds and carries through renewals with the same insurer.
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Lowest UM limits = §16056 limits: $30,000/$60,000 for policies from 2025.
Underinsured drivers, hit-and-run, stacking and uninsured property damage
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Underinsured = at-fault limits lower than the insured's UM limits (limits vs. limits).
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UIM pays the insured's limit minus what the at-fault party paid; no stacking (§11580.2(q)).
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Hit-and-run: contact + police report in 24 hours + sworn statement in 30 days. UMPD: lesser of ACV or $3,500; report in 10 business days.
Part D: collision, Other Than Collision and deductibles
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Collision = upset or impact with a vehicle or object; OTC (comprehensive) = theft, fire, hail, animal contact.
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OTC is property insurance on the insured's own car.
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Not covered: wear and tear, breakdown, personal effects. Two covered cars in one collision: highest deductible only.
Settling a physical damage claim
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Pays the lesser of ACV or repair/replace cost, minus the deductible.
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CA: no required repair shop; total loss = comparable auto + taxes and fees; 35 days to reopen.
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Theft transportation: starts after 48 hours; $30/day, $900 max on the 2018 form.
Common auto endorsements (1): odd vehicles, Mexico, towing, trusts and joint owners
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Misc. Type Vehicle: motor home, ATV, dune buggy, golf cart (snowmobile separate); outline: motorcycles generally cannot be added.
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Limited Mexico: within 25 miles, trips of 10 days or less, Mexican liability insurance required, excess only.
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Towing: labor only at the place of disablement. Joint ownership: same household or nonresident relatives.
Common auto endorsements (2): GAP, non-owners, company cars, transportation limits and custom equipment
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GAP = loan balance − Part D payment − overdue payments − financed extras (e.g., warranty).
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Named non-owner: for people who own no car; newly acquired auto covered 14 days only.
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Extended non-owned = Parts A and B for a regular-use car; custom equipment base limit $1,500.
CAARP (1): purpose, certified producers, eligibility and placement
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CAARP (§11620(a)): spreads drivers who cannot get liability insurance normally among all admitted liability insurers.
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Only certified producers submit: license + course within 4 months, then every 4 years; no fee.
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Eligibility factors exclude credit; the Plan assigns the insurer; no fees beyond commission (§11624.5).
CAARP (2): coverages and limits, binding, and commercial risks
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CAARP limits (§11622(b)): 30/60/15 for policies from 1/1/2025.
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Application options: med pay up to $1,000, UM 30/60, UMPD up to $3,500; no collision.
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Effective on electronic transmission; commercial filings or $750,000+ CSL = 15-day delay.
California's Low-Cost Automobile Insurance (CLCA) program
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CLCA: within CAARP, every county; limits 10/20/3, which satisfy financial responsibility (§11629.8).
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Income up to 250% of poverty level; one at-fault PD accident OR one point in 3 years, not both.
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Cancel only for nonpayment, fraud or buying extra liability; installments: at most 20% down + 7 payments; no fees.
Recreational vehicles and motorcycles
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RV added to a PAP by endorsement gets the PAP's existing coverage.
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House car not used for hire ≠ commercial (Veh. Code §§260, 362); outline: 3-axle RV meets Ins. Code §660(a)(1).
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Motorcycle (≤3 wheels, Veh. Code §400): separate policy; med pay and UM may be limited, but UM still required unless deleted.
CA
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