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CA, DMV and SR-22

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dcsnuggler

Guest
Can I get some advice?????

This is a legal question regarding my driving record. If you cannot help me, can you direct me to someone who can? I can't remember exactly how the situation unfolded because it was so long ago and I've thrown out much of the correspondence.


In March of 1997 I rear-ended someone when a red light turned green. I had anticipated the person in front of me to go, they did not, consequently I rear-ended them. I was not driving my own car I did not own a car at that point in time - the car I was driving did not have insurance.

I offered to pay the man for the damage I had caused his car (though I could see no damage physically with my eyes) and he agreed. At this point we decided there was no need to get the police involved and I certainly did not think there would be damage above $500.

When I received an estimate for approximately $1200 -$1300 I decided to go and get my own estimate. I wrote the man a letter saying I would be happy to replace his bumper, but I was not going to pay out a bunch of money when I couldn't even see any damage to his car! I felt he was trying to take advantage of the situation. I paid him an amount of $304.59 for the replacement and installation of a brand new bumper. (his car was a 1986 Cutlass with 128,000 miles on it - visually worn)

Not too long after that I received notification from the DMV regarding this incident. The man had gone to the DMV afterwards and retroactively reported the accident. I had the option of either having a suspended license for driving without insurance or appealing that decision and have an over-the-phone DMV court hearing. I chose the latter. I was found guilty for not having insurance in an auto accident resulting in damages more than $500. My license was suspended for one year.

Last year I moved to Vermont, went to the DMV to obtain my license and found it was suspended by the state of CA because I didn't have a SR-22 on file with the DMV. The judgment says I have to keep an SR-22 on file through March of 2002! Can this really be true? I have never had any accidents (other than this), I've had one speeding ticket (which I went to traffic school for, so it's not reported to the DMV), I've never had a DUI or any other sort of legal traffic problem. Now I'm trying to obtain auto insurance and I'm considered high-risk because I have an SR-22 on file. This is just too crazy...is there anything I can do? I'm not even living in CA anymore and this happened more than 3 years ago! I'm 32 years old.

If you can offer any advice I would appreciate it. I've tried talking to the people at the DMV department of financial responsibility and they are very short with me. I feel like I'm being treated like a criminal!




Thanking you in advance,
Candice Youngman
 


racer72

Senior Member
The DMV treats you like a criminal because it has been a crime to drive in California since 1991 without insurance. And any license suspension, no matter the cause, requires the person to maintain insurance and all states use the SR-22 form as proof of insurance. This also means the insurance company will notify the state if you fail to maintain insurance. You could challenge the California DMV but that would cost a whole lot more than than your insurance would cost. If you wish to be a legal driver, you will have to maintain insurance with an SR-22 on file.
 

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