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insurance + unsafe turning + accident

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hoflix

Junior Member
What is the name of your state?What is the name of your state? California

Hi everybody, and thanks for reading this.

3 weeks ago I was involved in a bike accident.

I was riding my newly acquired motorcycle (2 weeks before), I overbraked curve and went into opposing lane of traffic. I touched a car with my boot foot (and left a black rubber marking on it.. no other damage) then I fell and skid under the next oncoming car (a truck -- no damage to this one also). So basically the only damage was to me and my bike. I drove the bike home, so it's not trashed, and the damage was under $750, so I did not report it to DMV.
But the police showed up and... I didn't have proof of insurance, and I got cited for that. But as I said earlier, I got the bike like 2 weeks before, and I was sure that my car insurance will also cover my bike for the first 30 days. (it's in my insurance policy: it says that an "additional vehicle will automatically be covered for the 30 days after becoming the owner", or something like that. BUT, as I find out the second day, that covers any vehicle EXCEPT motorcycles !! --so it looks like I did not have insurance on the bike at the time of the accident). Of course, I got the bike insured the third day....
I got the traffic collision report today (3 weeks after), I was found to be "at fault in this collision by making an unsafe turning movement - a violation of 22107 VC". I am not contesting that.

So my question is related to the no proof of insurance citation:
-what can I expect in terms of money?
-can I plead not guilty and appear in court?
-can I plead not guilty and request a "trial by written declaration" ?
-will the fact that I didn't know about the 30 days not covering bikes + the fact that I got insurance immediately after that + not being involved in accidents or anything else in my 10 years of driving exp. count in anyway in court?
-will this show on my driving record? do I have a chance of winning if I plead not guilty?

WHAT SHOULD I DO?


any comment or advice is apreciated
10x
 
Last edited:


TYRIS

Member
-what can I expect in terms of money?
16029. Notwithstanding any other provision of law, a violation of
subdivision (a) of Section 16028 is an infraction and shall be
punished as follows:
(a) Upon a first conviction, by a fine of not less than one
hundred dollars ($100) and not more than two hundred dollars ($200),
plus penalty assessments.
(b) Upon a subsequent conviction, occurring within three years of
a prior conviction, by a fine of not less than two hundred dollars
($200) and not more than five hundred dollars ($500), plus penalty
assessments.


can I plead not guilty and appear in court?

-What would you plead not guilty to? Regardless of what you thought, you did not have insurance. As the owner of the vehicle you are responsible to know what your insurance covers and what it does not. At the time of the collision you did not have insurance.

-can I plead not guilty and request a "trial by written declaration" ?
-see above.

will the fact that I didn't know about the 30 days not covering bikes + the fact that I got insurance immediately after that + not being involved in accidents or anything else in my 10 years of driving exp. count in anyway in court?

-Getting insurance prior to the court date may help. The judge has the option of waiving the fine or not. It depends on the judge. As I said before, it is the driver's responsibility to make sure the vehicle has the proper coverage.


will this show on my driving record?
- If convicted..Yes


do I have a chance of winning if I plead not guilty?

-If the judge contiues with the case even though you currently have insurance then "no" you do not have a chance of winning due to the fact that you "did not" have insurance at the time of the collision.


WHAT SHOULD I DO?
-That is up to you. You can go to court and take the chance that the judge will dismiss the fine or you can except responsiblity for not having insurance and pay the fine.

Tyris
 

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