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 ?