The 30-Day Window to Ask Your Insurer to Reconsider Fault

An at-fault finding can cost you the Good Driver Discount and add a surcharge for years. California gives you one structured chance to contest it with the company that made it, under 10 CCR 2632.13(e). It is easy to miss, because the window is short and the notice looks routine.

Who qualifies

Anyone whose insurer, covering them at the time of the accident, has found them principally at fault. It is most worth using when one of these applies:

• The test wasn't met. A principally-at-fault finding requires your actions to be at least 51 percent of the legal cause, and injury or death, or property damage over $1,000.
• A presumption should have applied. The regulation presumes you were not principally at fault if you were lawfully parked; rear-ended and not convicted of a moving violation for it; the other driver alone was convicted; hit by a hit-and-run driver you reported in reasonable time; in contact with an animal, bird or falling object; or in a solo crash caused by a hazard you couldn't reasonably avoid.
• The finding leaned on a police conclusion. An insurer may not rely on a public agency's finding of responsibility.

The stakes are concrete. Under Insurance Code section 1861.025, a property-damage-only finding adds one point to your Good Driver count, and an injury finding disqualifies you for three years.

How to ask for it

1. Note the date you received the written notice. The regulation requires the insurer to send it, state the basis for its finding, and tell you about reconsideration.
2. Within 30 days of receiving it, ask for reconsideration in writing, and keep proof of when you sent it.
3. Say exactly what you dispute: the share of cause, the damage amount, or a presumption that applies.
4. Attach what supports you: photos, repair estimates, the police or CHP report number, the outcome of any citation, witness details, dashcam footage.
5. Expect a written decision with reasons within 30 days of your request, made by someone other than the person who decided the first time.

A short request is enough. Something like: "I received your notice dated [date] finding me principally at fault for the accident on [date], claim [number]. I request reconsideration under 10 CCR 2632.13(e). I was stopped at a red light and struck from behind, and I was not convicted of any moving violation for the accident. Photos and the police report number are attached."

What to check on your declarations page

If the finding is reversed, check the next declarations page or revised bill: the surcharge should be gone, and if you otherwise qualify, the policy should be a Good Driver Discount policy again. Ask the company to confirm that the change was reported to the claims exchange; the regulation gives it 20 days, and that record is what the next insurer will see.

When it isn't worth it

• When the facts plainly meet the test and no presumption applies. A request with no new facts or rule behind it tends not to change much.
• When you expect it to change the DMV record. It won't: the DMV adds a reportable collision to the driver record whoever caused it.

The reconsideration right doesn't replace your other rights; the Department of Insurance also takes Requests for Assistance. After a decision either way, compare quotes with the accident described as finally decided.