If you’re a driver in California, you know that you need to carry insurance. The legal term for this is proof of financial responsibility. This requirement is spelled out in California Vehicle Code Section 16028(a).
If you do not have this proof, an officer can charge you with a crime, but Simmrin Law Group can work to defend you against these charges. There may be reasons you cannot provide proof of insurance that we can point out so you can avoid penalties.
Find out how our criminal defense lawyers in Los Angeles from Simmrin Law Group can help you if you’ve been charged with violating the proof of financial responsibility law. Our team has decades of legal experience and is ready to handle any criminal case you put before us.
The Basics of Financial Responsibility in California
California law requires all drivers to maintain and be able to prove financial responsibility for their vehicles. Here’s what you need to know:
- You must have evidence of financial responsibility for your vehicle at all times while driving.
- This proof must be current and valid at the time it’s requested.
- You can provide this evidence using a mobile electronic device.
It’s also important to note that law enforcement cannot stop you solely by checking for proof of financial responsibility. However, they can and will ask for it in certain situations, and you must present it if asked. Therefore, you should always carry proof of insurance in your vehicle.
If you do not wish to give your cell phone to an officer, you can print out paper copies of your insurance and keep them in your glove compartment. Under California law, the officer can only look at the insurance information and not other data on your phone when you present it for their request.
When You’re Required to Show Proof
There are specific circumstances when you must provide evidence of financial responsibility:
- During a Traffic Stop: If you’re pulled over and issued a citation for any violation (except parking-related offenses), the officer may request proof of financial responsibility.
- At the Scene of an Accident: If you’re involved in an accident that must be reported, you must provide proof of financial responsibility when requested.
These are situations when your insurance policy may need to be activated or your insurer notified. If you get points added to your record because of the citation or crash, your insurer can contact the DMV to learn what happened. This may change the amount of your future premiums.
Special Considerations for Employer-Owned Vehicles
If you’re driving a vehicle owned or leased by your employer, here’s how showing proof of insurance works:
- The employer is responsible for providing proof of financial responsibility.
- You can sign the citation on behalf of your employer.
- You must notify your employer of the citation within five days.
What Happens If You Can’t Provide Proof?
If you violate California Vehicle Code Section 16028(a), you will face consequences. The officer may issue you a separate citation for violating California Vehicle Code Section 16028(a) on top of your other charges.
You may also face penalties like:
- A fine of at least $100 plus penalty assessments.
- Impoundment of your vehicle until you can show proof of financial responsibility.
- Higher fines and penalties if you have been convicted of this crime within the last three years.
If you provide false insurance documents, you will be charged with a misdemeanor, face much higher fines, license suspension for at least a year, and potentially additional penalties.
Options for Resolving a Citation
If you receive a citation for failing to provide proof of financial responsibility, you have options:
- Appear in court: You can personally appear before the court for your traffic ticket and provide written evidence of financial responsibility
- Mail in proof: You can submit written evidence by mail showing you had coverage at the time of the citation
- Show compliance: If you can prove you had insurance to the court at the time you were required to show proof, your charges should be dismissed.
Why Maintaining Proof of Financial Responsibility Matters
Keeping valid proof of insurance isn’t just about avoiding tickets:
- It ensures you’re protected financially in case of an accident
- It helps streamline the process during traffic stops or accident investigations
- It’s a legal requirement for operating a vehicle in California
What to Do if You’re Cited for Lack of Proof
If you find yourself cited for failing to provide proof of financial responsibility:
- Don’t panic: Remember, if you had insurance but didn’t have proof, you may be able to have the citation dismissed
- Gather your evidence: Collect any documentation proving you had valid insurance at the time
- Consider your options: Decide whether to appear in court or submit proof by mail
- Act quickly: Address the citation promptly to avoid additional penalties, and consider speaking with a criminal defense lawyer for advice.
How Simmrin Law Group Can Help
At Simmrin Law Group, we understand that navigating traffic laws and insurance requirements can be confusing. If you’re facing issues related to proof of financial responsibility (insurance) or other traffic violations in Southern California, we’re here to assist you.
Our experienced attorneys can:
- Explain your rights and the specifics of California Vehicle Code Section 16028(a)
- Help you gather the necessary documentation to prove your compliance
- Represent you in court if needed to contest a citation
Don’t let a simple misunderstanding about insurance proof turn into a major legal headache. Contact Simmrin Law Group today for a consultation. Let us help you navigate the complexities of California traffic law and protect your driving privileges.