Claim or pay yourself? Worksheet

After a small accident, the question is rarely "am I covered?" It is "is it worth filing?" The answer depends on three numbers and one rule about fault that California writes into regulation. Fill in what you know.

The rule most drivers never hear about

California does not let an insurer label you "principally at fault" just because you were involved. The Insurance Commissioner's regulation requires two things: your actions were at least 51 percent of the legal cause, and the accident either hurt someone or caused more than $1,000 in total loss or damage (10 CCR 2632.13(b)). The same regulation presumes you were not at fault in several common situations — lawfully parked, rear-ended without a ticket, or hit by a hit-and-run driver you reported (subdivision (c)).

Why it matters: a principally at-fault accident with property damage only counts as one point toward California's Good Driver test, and an at-fault injury accident disqualifies you, for three years (Insurance Code 1861.025). That is often a bigger number than the repair itself.

Three things that do not depend on your decision

• The SR-1 report to the DMV, when the accident meets the threshold (Vehicle Code 16000). Each driver files, whether or not they caused it, and the DMV adds the collision to the driver record whoever was at fault (DMV Driver Handbook).
• Your policy's own notice requirement — many policies ask you to report any accident, claim or not. It varies by company.
• The other party's right to claim against your liability coverage, whatever you pay yourself.

Sources (official)

• California Code of Regulations, title 10, section 2632.13 (what counts as principally at fault)
• California Insurance Code section 1861.025 (an at-fault property-damage accident counts as a point)
• California Vehicle Code section 16000 (the SR-1 report within 10 days)
• California Insurance Code section 11580.2 (uninsured motorist coverage)
• California DMV Driver Handbook — Reporting a collision

This worksheet does not decide fault or coverage; your insurer does, under your policy and the Insurance Commissioner's rules. Your policy also sets when you must report an accident, whether or not you file a claim — that varies by company.