Bristol West: Violations, Accidents & SR-22

How does Bristol West determine accidents and violations?

Chargeable Period

The experience period for convictions and accidents is the 36-month period prior to the policy inception date. Violations charged by the DMV will be charged for under this program. In determining violations counted, use the California Vehicle Code Violations used in the Negligent Operator Count list published by the California Department of Motor Vehicles as the guideline. Use the conviction date, not the occurrence date, to determine if the accident, serious traffic infraction, or non-criminal traffic infraction falls within the chargeable period.

Convictions

Refer to the driving record of the principal and each additional operator to determine the convictions of each operator. For this purpose, use the California Department of Motor Vehicles public record of traffic violations. Out-of-state convictions count the same as in-state convictions, provided the violation would have resulted in a point assignment, had it occurred in California. There is no cap on the number of minor convictions allowed for eligibility purposes.

Minor violations occurring while driving an employer’s vehicle for compensation may not be chargeable and should be identified on the application. This exception does not apply to major violations or accidents. A declaration from the applicant under penalty of perjury, or a letter from the employer on company letterhead, per CIC 488, is required in order to not charge for employment-related minor violations.

An accident is chargeable if the occurrence resulted in liability (BI/PD) or collision damage (paid, outstanding, or deemed to be responsible) exceeding $1,000 arising out of ownership, use, or operation of an automobile, other than “not at fault”.

An accident is not chargeable if:

  1. The vehicle was lawfully parked.
  2. The vehicle was struck in the rear while legally stopped for traffic or a traffic control device.
  3. The vehicle collided with a bird or animal.
  4. The vehicle was involved with a hit-and-run driver, and the report was made to the proper authorities.
  5. Accident in which reimbursement was obtained from another party, providing the Company makes no liability payment on behalf of the insured. Must be verified by the previous carrier. (One-car accidents shall be considered “at-fault.”)
  6. The applicant, owner, or resident operator was involved in an accident, which was
    1. Determined to be less than 51% negligent, or
    2. Reimbursed for 51% or more of his or her damages by or on behalf of, the person involved in an accident.
    3. Responding to a call as a fire, safety, or law enforcement person.

Acceptable proof of “not at fault”:

  1. A police report indicating less than 51% responsibility.
  2. A letter from the claims department.
  3. A copy of a claims draft payable to the insured.
  4. A signed letter stating that they were not at fault and there is no other evidence (such as a C.L.U.E. Report) that the accident was the insured’s fault.
  5. The Company will provide them with a form to sign that states they were not at fault in the accident under penalty of perjury in compliance with CCR 2632.13(i).

Good Driver Discount Eligibility:

For more information on the Good Driver Definition, please refer to page 6 of this guide.

Same Day Offenses

If multiple violations occur on the same incident and date, only the violation with the highest point count will be charged. (Multiple violations in different incidents will be charged on the same date.) If a violation occurs with an accident, both will be charged.

Verification

Please reinforce to the applicant the importance of providing accurate and complete information regarding the driving records of all drivers on the policy. This will help to provide an accurate premium at the point of sale, thus avoiding an unexpected premium uprate or the risk of a policy being voided for a material misrepresentation.

SR-22 Filings

Check block “S” (Broad Coverage) when completing SR-22. Enter the policy number from the application. California DMV “X numbers” can be used for out-of-state licensed military drivers requiring an SR-22. We do not issue SR-22s for states other than California or for excluded drivers.

Filings can be issued only when we insure all the vehicles in the same household registered to the Named Insured. A filing will be issued until canceled with a fully earned SR-22 fee. If a filing is requested by endorsement, an SR-22 fee will apply. No SR-22 fee applies to “offers to re-write”.

If an SR-22 accompanies a voided application submittal, renewal, or endorsement, send all copies of the immediate SR-22, issued on behalf of the Company.