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Illegal Aliens Legally Driving? Rule of Law is Overruled

No fun being illegal or is it?
Illegal immigration concept as a chain fence with a hole.

California set down a controversial path when it decided to issue driver’s licenses to illegal immigrants. The reasoning went that these immigrants would now be covered in case of a crash, and allow for a reduction of risk on California’s roads. One of the issues that led to the decision was the high number of hit and run accidents that occurred after an uninsured driver hit another vehicle or pedestrian.

How Did Social Engineering Lead to Lawlessness on California Roads?

What California is finding out quick is that this well-meaning bit of social engineering made the situation worse– a lot worse. Some of the illegals did get the required insurance. But many others decided not to keep the policy. So now, the state needs all drivers to show proof of insurance when receiving a license– but not during the period afterward. Accordingly, it has become a prevalent trend for illegal immigrants to drop coverage the day they receive their license.

How Many Illegals Have Legal Driver’s Licenses in California?

Growing out of Assembly Bill 60, Governor Jerry Brown signed it into law in 2013 as one of his significant accomplishments. Recently, the Fresno Bee published an editorial in which it explained that the issue with drivers sans insurance did not go away. In 2014 a half million illegals gained driver’s license under the plan.

How Many Illegals Have Bought Subsidized Insurance?

California expanded a program to allow these drivers to buy subsidized auto insurance. So far just a paltry 875 have. During a similar period, the California Highway Patrol reported 66,000 citations for operating a vehicle with no insurance.

Giving False Information to Police at Crash Scenes is at “Epidemic” Levels?

Good intentions often have adverse outcomes. In fact, there have been high-profile crashes in which drivers will give false information to the other driver or police. However, this has reached near epidemic levels, with many accident cases going unsolved.

It has hit many in the legal field especially hard, as it has become desperate to take on auto accident liability cases because of these factors. The problem only compounds as those that cause such accidents to drive off with little to no repercussions.

New Jersey is considering going down a similar path, local media reported. But they would be well served to learn from California’s example. So the disaster on California’s roads should act as a lesson, rather than a precedent for other states. Rather than being an act of compassion, the state’s activism has instead directly led to hundreds of unreported accidents. And because of this, there are untold numbers of injuries and fatalities.

Our legislators in Sacramento have the opportunity to step up over the next several years. At least they could put in place much stricter guidelines to check insurance. After all, this would significantly reduce strain on drivers fearing a hit-and-run accident. And this helps justice get served in and out of court.

To Claim or Not to Claim, that is the Insurance Policy Question

Making the deal
Happy young couple discussing with a financial agent their new investment

One of the questions people often have after a local car accident is when to make a claim. To make a claim or not, that is the question. So this is an excellent question that deserves a detailed answer. For starters, car crash insurance claims against your insurer in particular. They should only become made when you think you can prove the case and have the correct insurance coverages.

Sometimes you will know if you’re covered, other times you won’t. An attorney can usually quickly decipher your UM/UIM, comp, collision, and other coverages. Of course, sometimes you won’t know if the guy who hit you had coverage. So you must you get your hands on the traffic collision investigation report. And this gets issued by the CHP or local law enforcement that came to the scene.

Other times it takes tracking down the owner of the vehicle that hit and ran. To see if there was a policy in effect when you got slammed and left for dead. As far as your policy goes. These terms and conditions found in your declarations of coverages and exclusions. They will determine what does and does not kick many coverages into existence.

Obviously, there has to have been an actual accident. Because making a false claim with your own or a third party’s insurance carrier is punishable as a criminal offense by law. If you’re found guilty of the offense (See, e.g., Penal Code Section 548-551 et seq.)

Danger – Be Careful What You Say to any Insurance Company

Most people don’t ever need to become concerned with this situation. They usually know they should only make honest statements to the insurer. After a collision, the crash should be immediately reported to the police. Then as soon as possible contact the insurer to report your crash.

This will begin the insurance liability claims acceptance or denial process. The insurer’s adjuster will investigate the crash to determine the at-fault party. Then decide what the settlement should be worth.

What is The High Deductible Consideration?

The other thing that needs consideration when making a claim with your carrier for property damage, for example, is your deductible. Sometimes the damage to the vehicle costs less than your deductible. In this situation, the owner of the car can decide whether or not to report the crash to their insurer or fix the damages.

This is why many people who crashed in wrecks try and get the at-fault person’s insurer to pay and wait for the check. The other factor in deciding to use your own comprehensive or collision coverages, or having the additional party pay, is whether the person hit wants to go through the process.

The process of obtaining estimates and the claims to give to the other company when their own company can handle everything right now. Also, you may never know what to do after getting all these estimates.

The Infamous “Non Claim Discount” Consideration

Another reason why individuals often do not file a claim with the insurer for small damages is due to a Non-Claim Discount (NCD). This discount is when the insurer rewards the policyholder. This discount will apply when they go for an extended amount of time without reporting any accidents.

That means in the event of a crash with damages less or about the same amount as the policy deductible it could be better not to report the car crash. That way you can keep lower policy premiums.

Other Considerations to Make Before Making a Claim Against Your Insco

If the person does report the crash that is more costly and the insurer will not negotiate a fair settlement. Then claim may go to court. In this situation, the jury may determine the settlement amount the insurer is responsible for paying the claimant. Doing something like this should be mulled over well.

Get a handle on what the damages are and whether the repair costs will be over the deductible amount. Then use this as a deciding factor when claiming against your insurer.


Further Reading:

http://www.nolo.com/legal-encyclopedia/tips-settling-car-accident-claim.html Tips for Settling a Car Accident Claim | Nolo.com

http://www.cdc.gov/Motorvehiclesafety/index.html Centers for Disease Control and Prevention Motor Vehicle Crash Injuries

http://www.edmunds.com/auto-insurance/how-car-insurance-companies-handle-car-accident-claims.html How Car Insurance Companies Handle Car Accident Claims on Edmunds.com

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Ehline Law Firm
Personal Injury Attorneys, APLC

633 W 5th St #2890
Los Angeles, CA 90071

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