California Insurance Code 1871.3 – (a) In the case of any claim arising from the theft of an …
(a) In the case of any claim arising from the theft of an insured vehicle, prior to the settlement of the claim, the insurer shall secure from the insured a claim form which shall contain, among other things, the following:
(1) A warning that false representations made on the signed claim form by the insured subject the insured to a penalty of perjury.
Terms Used In California Insurance Code 1871.3
- Insurance agent: means a person authorized, by and on behalf of an insurer, to transact all classes of insurance other than life, disability, or health insurance, on behalf of an admitted insurance company. See California Insurance Code 31
- Insurer: includes the California FAIR Plan. See California Insurance Code 1875
- Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Insurance Code 19
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(2) A detailed description of the insured vehicle including the interior, exterior, and any special equipment.
(3) The purchase location of the insured vehicle, the purchase date, and the name of the seller.
(4) A detailed statement of the circumstances surrounding the theft.
(5) The current driver’s license number of the insured, except where the vehicle is owned by a person that is not a natural person, or the claimant is a financial institution and the vehicle is insured pursuant to an insurance policy issued to the financial institution to protect vehicles that are collateral securing any loan made by the financial institution. A financial institution shall provide, to the extent it has the information, the current driver’s license number of the registered owner of the vehicle or the debtor who has obtained the loan.
(b) For purposes of complying with the requirements of subdivision (a), the insured shall do either of the following:
(1) Sign the claim form in the presence of the insurance agent, broker, adjuster, or other claims representative, who shall verify the driver’s license number of the insured who is signing the claim form.
(2) Submit a claim form with a notarized signature.
(c) The claim form shall be signed under penalty of perjury.
(d) The insurer shall retain the following for at least three years:
(1) All settlement checks in settlement of the theft of an automobile, or an electronic copy thereof.
(2) The original claim form provided for in subdivision (a), or an electronic copy thereof.
(3) A legible copy of the police report of the vehicle theft, or an electronic copy thereof.
(Amended by Stats. 2004, Ch. 93, Sec. 1. Effective January 1, 2005.)