Section 16000.8 Of Article 1. Accident Reports From California Vehicle Code >> Division 7. >> Chapter 1. >> Article 1.
16000.8
. (a) Notwithstanding any other provision of this chapter,
if the failure of the driver of a motor vehicle involved in an
accident to prove the existence of financial responsibility, as
required by Section 16020, was due to the fraudulent acts of an
insurance agent or broker, the department shall terminate any
suspension action taken pursuant to Section 16070, when both of the
following conditions are met:
(1) The driver provides documentation from the Department of
Insurance that the insurance agent or broker has been found to have
committed fraud in the transaction of automobile liability insurance,
or provides documentation that criminal charges have been filed
against the agent or broker due to fraud or theft related to the sale
of automobile liability insurances.
(2) The driver furnishes proof to the department that financial
responsibility meeting the requirements of Section 16021 is currently
in effect.
(b) It is the intent of the Legislature in enacting this section
that individuals who are the victims of insurance fraud not be
penalized for violating the financial responsibility laws when that
violation was due to the fraudulent acts of others. Persons with
documented evidence of fraud involving their insurance coverage, such
as where an insurance agent accepted the premium payment for
coverage but willfully failed to obtain the coverage and led the
customer to believe insurance was in effect, should retain their
driving privileges provided they give evidence that valid liability
insurance is currently in effect.