BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
                              Senator Jim Beall, Chair
                                2015 - 2016  Regular 

          Bill No:          SB 438            Hearing Date:    4/7/2015
           ----------------------------------------------------------------- 
          |Author:   |Hill                                                  |
          |----------+------------------------------------------------------|
          |Version:  |2/25/2015                                             |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Urgency:  |No                     |Fiscal:      |Yes             |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Consultant|Erin Riches                                           |
          |:         |                                                      |
           ----------------------------------------------------------------- 
          

          SUBJECT:  Motor vehicle accidents:  reportable property damage


            DIGEST:  This bill raises the reportable property damage  
          threshold for traffic accidents from $750 to $1,000.

          ANALYSIS:
          
          Existing law:
          
          Requires all drivers and motor vehicle owners to carry evidence  
          of financial responsibility, defined primarily as written  
          evidence of valid automobile liability insurance.   

          Requires a driver who is involved in a traffic accident on a  
          street or highway that has resulted in damage to the property of  
          any person in excess of $750, or in the bodily injury or death  
          of any person, to report the accident within 10 days to the  
          Department of Motor Vehicles (DMV).  Provides that this report  
          shall include evidence of financial responsibility.  Allows the  
          driver to report either personally or through an insurance  
          agent, broker, or legal representative.  

          Exempts a driver from reporting if the vehicle involved in the  
          accident is owned or leased by a federal, state, or local  
          agency.  Also exempts a driver from filing a report if the  
          accident occurs off a street or highway (for example, on the  
          driver's private property) and results in damage only to the  
          property of the driver or vehicle owner and does not cause  
          bodily injury or death to another person.







          SB 438 (Hill)                                       Page 2 of ?
          
          

          Requires a driver of a vehicle that is owned, operated, or  
          leased by his or her employer at the time of the accident to  
          report the accident to the employer within five days.  Requires  
          the employer, within 10 days of receiving such a report, to file  
          a report with DMV (unless the employer is a public agency).   
          Requires a driver of a public transit vehicle to report a  
          reportable accident to the transit system within 10 days.   
          Requires the transit system to transmit the report to DMV within  
          10 days and maintain a record of the report.

          Provides, if the driver is not the owner of the vehicle and is  
          physically incapable of making the report, that the owner shall  
          file a report with DMV as soon as he or she learns of the  
          accident.

          Requires DMV to suspend the driving privilege of any person who  
          fails, refuses, or neglects to report a reportable accident.   
          Prohibits DMV from suspending the individual's driving privilege  
          until 30 days after DMV has sent notification to the individual  
          of the pending suspension.  Provides that the suspension shall  
          remain in effect until DMV receives a report or evidence of  
          financial responsibility.

          Provides that all reports pursuant to this law are confidential,  
          except that DMV shall disclose specified information from the  
          reports upon request.  

          Requires DMV to include a summary of the financial  
          responsibility law, reportable accident requirements, and  
          penalties for non-compliance with every motor vehicle  
          registration, registration renewal, and transfer of  
          registration, as well as with each driver's license and license  
          renewal.  

          This bill raises the property damage threshold for a reportable  
          accident from $750 to $1,000.

          COMMENTS:

          1.Purpose.  The author notes that state law requires a driver  
            involved in a reportable accident to file a "Report of Traffic  
            Accident Occurring in California" with DMV.  This form, known  
            as an SR-1, includes the name, address, and insurance  
            information of each party involved in the accident, along with  








          SB 438 (Hill)                                       Page 3 of ?
          
          
            injury and/or property damage details.  The property damage  
            threshold that characterizes an accident as reportable has not  
            been updated since 2002.  The author notes that according to  
            the U.S. Bureau of Labor Statistics, $750 in 2002 dollars is  
            equivalent to $984.15 in 2014 dollars.  The average "fender  
            bender" - a minor accident that occurs at low speed and  
            involves a vehicle's bumper - often results in damage  
            exceeding the $750 threshold.  The author states that because  
            of the outdated threshold, DMV collects more than 54,000 SR-1  
            reports per month; this creates unnecessary paperwork for DMV  
            and an unnecessary burden for California drivers and insurers.

          2.Why must drivers report accidents to DMV?  A driver must file  
            an SR-1 for a reportable accident regardless of whether or not  
            he or she was at fault.  This information is public record and  
            is accessed regularly by law enforcement and insurance  
            companies.  The SR-1 acts as a check to help DMV affirm that a  
            driver is insured as required by state law.  Existing law  
            also, however, requires DMV to require proof of insurance when  
            an individual is registering a vehicle or renewing or  
            transferring the registration of a vehicle.  In addition,  
            existing law requires insurance companies in California to  
            electronically report vehicle insurance information to DMV  
            (other than vehicles covered by commercial or business  
            insurance).

          3.The "principally at-fault" threshold.  Proposition 103,  
            approved by California voters in November 1988, requires the  
            Department of Insurance (DOI) to approve new rates before  
            insurance companies can implement them.  It also requires  
            insurers to provide a "good driver discount" of 20% to  
            qualified drivers, defined, in part, as drivers that the  
            insurer has not determined to be "principally at-fault" in an  
            accident during the past three years.  Proposition 103  
            establishes that an insurer may determine that a driver is  
            principally at-fault if his or her actions or omissions were  
            at least 51% of the legal cause of the accident, and the  
            accident either resulted in bodily injury or death, or caused  
            property damage that exceeded a certain threshold.   

            The principally at-fault threshold was initially set at $500,  
            based on DMV's reportable accident threshold statute at the  
            time.  SB 1590 (Karnette), Chapter 766, Statutes of 2002,  
            raised the DMV reportable threshold from $500 to $750; DOI  
            implemented regulations in 2003 to update the principally  








          SB 438 (Hill)                                       Page 4 of ?
          
          
            at-fault threshold to $750.  In December 2011, DOI raised the  
            principally at-fault threshold to $1,000, based on the premise  
            that the higher threshold was more in keeping with current  
            costs and would help prevent drivers from being denied a good  
            driver discount.  This bill would raise the DMV reportable  
            accident threshold to $1,000 to align with the DOI principally  
            at-fault threshold.

          4.Amendments.  This bill will be amended on April 6, 2015,  
            subsequent to this analysis being published, to make several  
            non-substantive, technical corrections.

          5.Double referral.  The Rules Committee has referred this bill  
            to both this committee and the Judiciary Committee.   
            Therefore, if this bill passes this committee, it will be  
            referred to the Judiciary Committee.

          








          FISCAL EFFECT:                 Appropriation:  No    Fiscal  
          Com.:             Yes          Local:          No


            POSITIONS:  (Communicated to the committee before noon on  
                      Wednesday, April 1, 2015.)
          
            SUPPORT:  

          None received.

          OPPOSITION:

          None received.

                                      -- END --
          










          SB 438 (Hill)                                       Page 5 of ?