California Insurance Code Section 1861.025 (who qualifies to purchase a Good Driver Discount policy)
Published by California Legislative Counsel (leginfo.legislature.ca.gov). Jurisdiction CA.
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Section 1861.025 provides that a person is qualified to purchase a Good Driver Discount policy only if that person meets all of the criteria the section lists.
claim ca-ins-code-1861-025#c1Section 1861.025(a) requires that the person has been licensed to drive a motor vehicle for the previous three years.
claim ca-ins-code-1861-025#c2Section 1861.025(b)(1) requires that during the previous three years the person has not had more than one violation point count determined as provided by the specified subdivisions of Vehicle Code section 12810.
claim ca-ins-code-1861-025#c3Section 1861.025(b)(1)(A) provides that for purposes of the section, the driver of a motor vehicle involved in an accident for which the driver was principally at fault that resulted only in damage to property shall receive one violation point count, in addition to any other violation points imposed for that accident.
claim ca-ins-code-1861-025#c4Section 1861.025(b)(1)(B) provides that where an insurer is prohibited by section 488 or 488.5 from increasing the premium on a policy on account of a violation, that violation shall not be included in determining the person's point count.
claim ca-ins-code-1861-025#c5Section 1861.025(b)(3) provides that the person must not, during the previous three years, have been the driver of a motor vehicle involved in an accident that resulted in bodily injury or the death of any person and have been principally at fault, and requires the commissioner to adopt regulations setting guidelines for insurers to determine fault for that purpose.
claim ca-ins-code-1861-025#c6Section 1861.025(b)(2) provides that the person must not have had more than one dismissal pursuant to Vehicle Code section 1803.5 that was not made confidential pursuant to Vehicle Code section 1808.7, in the 36-month period, for violations that would have resulted in more than one violation point count had the complaint not been dismissed.
claim ca-ins-code-1861-025#c7Section 1861.025(c) requires that during the period beginning on January 1, 1999 or ten years before the date of application for issuance or renewal of the Good Driver Discount policy, whichever is later, and ending on the date of that application, the person has not been convicted of a violation of Vehicle Code section 23140, 23152 or 23153, a felony violation of Vehicle Code section 23550 or 23566, or a violation of Penal Code section 191.5 or subdivision (a) of Penal Code section 192.5.
claim ca-ins-code-1861-025#c8Section 1861.025(d) provides that a person who claims to meet the criteria of subdivisions (a), (b) and (c) based entirely or partially on a driver's license and driving experience acquired anywhere other than the United States or Canada is rebuttably presumed to be qualified to purchase a Good Driver Discount policy if that person has been licensed to drive in the United States or Canada for at least the previous 18 months and meets those criteria for that period.
claim ca-ins-code-1861-025#c9
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Reviewer notes
The at-fault property-damage-only accident carries its own point under subdivision (b)(1)(A) even though no point attaches under the Vehicle Code, which is why an accident with no citation can still cost the discount. Subdivision (d) is the provision for a driver licensed outside the United States or Canada, and it is a rebuttable presumption rather than an exemption.