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  1. #1
    Join Date
    Jan 2006
    Location
    Marin County CA
    Posts
    5,936
    Quote Originally Posted by michelem View Post
    As far as I know, CA is not, and has never been, a no-fault insurance state. I believe we operate under the modern tort system. Basically, the traffic victim’s opportunity to secure compensation for his/her losses depends
    on his/her ability to establish the fault or negligence of the other driver. That driver’s potential liability is backed by compulsory liability insurance, up to a limited amount. Even if the driver is negligent, the victim’s recovery can be reduced to take the victim’s contributory negligence, if any, into account. I'm pretty darned sure we have uninsured motorist laws on the books though!

    All of those points are correct, legally. (For CA).

    I didn't think about UM/UIM coverage. Possibly the SUV damage could be covered by that.
    Sarah

    When it's easy, ride hard; when it's hard, ride easy.


    2011 Volagi Liscio
    2010 Pegoretti Love #3 "Manovelo"
    2011 Mercian Vincitore Special
    2003 Eddy Merckx Team SC - stolen
    2001 Colnago Ovalmaster Stars and Stripes

  2. #2
    Join Date
    Oct 2007
    Location
    Central coast of CA
    Posts
    133
    I think California is a no fault state...... a few years ago I hit a deer, I was going 75-80mph and did about $5k worth of damage to my car, and that was covered by my insurance. It wasn't counted as an at-fault accident and I wasn't penalized, rates weren't raised or anything.

  3. #3
    Join Date
    Jan 2006
    Location
    Marin County CA
    Posts
    5,936
    California is NOT a no fault state.

    Perhaps they simply thought your hitting the deer was unavoidable and not your fault. Or perhaps the deer had his/her insurance raised.
    Sarah

    When it's easy, ride hard; when it's hard, ride easy.


    2011 Volagi Liscio
    2010 Pegoretti Love #3 "Manovelo"
    2011 Mercian Vincitore Special
    2003 Eddy Merckx Team SC - stolen
    2001 Colnago Ovalmaster Stars and Stripes

  4. #4
    Join Date
    Jan 2005
    Location
    Vernon, British Columbia
    Posts
    2,226
    In BC, and maybe in all of Canada, a collision with an animal is covered by comprehensive insurance. A comprehensive claim usually has a lower deductible, and does not carry fault for the driver so there would not be an increase in premium. Fire, theft, being struck by a falling object, the cows eating the paint, etc, would be covered by comprehensive here.

    Insurance can be tricky, and is different from jurisdiction to jurisdiction.

    Everybody ride safe out there, okay?

    H&B
    ~T~
    The butterflies are within you.

    My photos: http://www.flickr.com/photos/picsiechick/

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  5. #5
    Join Date
    Oct 2007
    Location
    Central coast of CA
    Posts
    133
    Maybe my insurance company considered it to be the deer's fault (he DID run out into the middle of a highway, I SO had the right of way).... good thing I had uninsured motorist coverage

  6. #6
    Join Date
    Apr 2006
    Location
    I'm the only one allowed to whine
    Posts
    10,557
    My auto insurance covers me on my bike. Which is weird, cuz if I *didn't* have a car, I wouldn't be able to get bike insurance!
    "If Americans want to live the American Dream, they should go to Denmark." - Richard Wilkinson

  7. #7
    Join Date
    Mar 2006
    Location
    Belle, Mo.
    Posts
    1,778
    Quote Originally Posted by froglegs View Post
    I think California is a no fault state...... a few years ago I hit a deer, I was going 75-80mph and did about $5k worth of damage to my car, and that was covered by my insurance. It wasn't counted as an at-fault accident and I wasn't penalized, rates weren't raised or anything.
    I've hit two deer and it didn't raise my insurance and they paid because they consider it "an act of god" and I had full coverage.
    Claudia

    2009 Trek 7.6fx
    2013 Jamis Satellite
    2014 Terry Burlington

 

 

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