Vehicle Code § 16028(a) VC – Proof of Financial Responsibility (Insurance)

Vehicle Code § 16028(a) VC requires drivers in California to carry proof of financial responsibility. This simply means proof of automobile insurance. Drivers must provide this documentation to law enforcement when requested to do so.

In this article, we will quote the full text of the code section, and then provide an in-depth legal analysis. The language of the code section states that:

16028. (a) Upon the demand of a peace officer pursuant to subdivision (b) or upon the demand of a peace officer or traffic collision investigator pursuant to subdivision (c), every person who drives a motor vehicle upon a highway shall provide evidence of financial responsibility for the vehicle that is in effect at the time the demand is made. The evidence of financial responsibility may be provided using a mobile electronic device. However, a peace officer shall not stop a vehicle for the sole purpose of determining whether the vehicle is being driven in violation of this subdivision.

(b) If a notice to appear is issued for any alleged violation of this code, except a violation specified in Chapter 9 (commencing with Section 22500) of Division 11 or any local ordinance adopted pursuant to that chapter, the cited driver shall furnish written evidence of financial responsibility or may provide electronic verification of evidence of financial responsibility using a mobile electronic device upon request of the peace officer issuing the citation. The peace officer shall request and verify the driver’s evidence of financial responsibility, as specified in Section 16020. If the driver fails to provide evidence of financial responsibility at the time the notice to appear is issued, the peace officer may issue the driver a notice to appear for violation of subdivision (a). The notice to appear for violation of subdivision (a) shall be written on the same citation form as the original violation.

(c) If a peace officer, or a regularly employed and salaried employee of a city or county who has been trained as a traffic collision investigator, is summoned to the scene of an accident described in Section 16000, the driver of a motor vehicle that is in any manner involved in the accident shall furnish written evidence of financial responsibility or may provide electronic verification of evidence of financial responsibility using a mobile electronic device upon the request of the peace officer or traffic collision investigator. If the driver fails to provide evidence of financial responsibility when requested, the peace officer may issue the driver a notice to appear for violation of subdivision (a). A traffic collision investigator may cause a notice to appear to be issued for a violation of subdivision (a), upon review of that citation by a peace officer.

(d) (1) If, at the time a notice to appear for a violation of subdivision (a) is issued, the person is driving a motor vehicle owned or leased by the driver’s employer, and the vehicle is being driven with the permission of the employer, this section shall apply to the employer rather than the driver. In that case, a notice to appear shall be issued to the employer rather than the driver, and the driver may sign the notice on behalf of the employer.

(2) The driver shall notify the employer of the receipt of the notice issued pursuant to paragraph (1) not later than five days after receipt.

(e) A person issued a notice to appear for a violation of subdivision (a) may personally appear before the clerk of the court, as designated in the notice to appear, and provide written evidence of financial responsibility in a form consistent with Section 16020, showing that the driver was in compliance with that section at the time the notice to appear for violating subdivision (a) was issued. In lieu of the personal appearance, the person may submit by mail to the court written evidence of having had financial responsibility at the time the notice to appear was issued. Upon receipt by the clerk of that written evidence of financial responsibility in a form consistent with Section 16020, further proceedings on the notice to appear for the violation of subdivision (a) shall be dismissed.

(f) For the purposes of this section, “mobile electronic device” means a portable computing and communication device that has a display screen with touch input or a miniature keyboard.

(g) For the purposes of this section, when a person provides evidence of financial responsibility using a mobile electronic device to a peace officer, the peace officer shall only view the evidence of financial responsibility and is prohibited from viewing any other content on the mobile electronic device.

(h) If a person presents a mobile electronic device pursuant to this section, that person assumes all liability for any damage to the mobile electronic device.

(Amended by Stats. 2022, Ch. 295, Sec. 14. (AB 2956) Effective January 1, 2023.)

A California citation for not carrying insurance is an infraction. This is opposed to a California misdemeanor or a felony. Offenders will receive a ticket and must pay a fine in the amount of $100 to $200.

The minimum insurance requirements for private passenger vehicles are:

• $15,000 for injury/death to one person,
• $30,000 for injury/death to more than one person, and
• $5,000 for damage to property.

Some motorists cannot afford insurance. If so, they may be eligible for the Low-Cost Automobile Insurance Program.

Note that it is considered auto insurance fraud if:

• a person carries insurance from another state, and
• does so because the rates in the other state are lower.

Our California criminal defense attorneys will discuss the following in this article:

• 1. What if a person does not have proof of insurance?
• 2. What type of car insurance does the State require drivers to carry?
• 3. What if a person cannot afford insurance?
• 4. What if someone stops driving a vehicle?
• 5. Can someone reside in California and carry insurance from another state?
• 6. What is bodily injury liability insurance?
• 7. What are the consequences of a 16028(a) VC ticket?

1. What if a person does not have proof of insurance?

California financial responsibility law requires motorists to carry proof of insurance. If a driver does not, then:

1. he/she is charged with an infraction,
2. the driver must pay a fine between $100 and $200 for a first offense, and
3. the person must pay a fine between $200 and $500 for any subsequent offense.¹

Vehicle Code 16028 is clear. Drivers must carry proof of liability insurance with them at all times when driving. They must produce this proof if:

• a police officer asks for it,
• the driver gets into an accident,
• the person registers his/her car or renews his/her registration, or
• the driver’s car gets inspected.²

Note that a police officer cannot:

• stop a person for the sole purpose of,
• determining if he/she has proof of insurance.

Rather, officers can ask for this proof:

• once they have other justifications,
• for stopping a vehicle.³

A person can prove he/she has insurance by providing:

1. the insurance card that is given to him/her by the insurance carrier,
2. a letter that is authorized by the California DMV if a driver made a cash deposit or is self-insured,
3. a California Proof of Insurance Certificate (SR-22) form,
4. evidence that the vehicle is owned or leased by a public entity,
5. a Notification of Alternative Forms of Responsibility (REG 5085) form, or
6. a Statement of Facts (REG 256) form.⁴

2. What type of car insurance does the State require drivers to carry?

The minimum insurance requirements for private passenger vehicles in California are:

• $15,000 for injury/death to one person,
• $30,000 for injury/death to more than one person, and
• $5,000 for damage to property.⁵

Note that liability insurance compensates a person for personal injury or property damage.

Note also that comprehensive or collision insurance and med pay do not satisfy VC 16028 requirements. Nor does California require drivers to carry uninsured or underinsured motorist (UM/IM) coverage.

3. What if a person cannot afford insurance?

Some people cannot afford automobile insurance. If so, they may be eligible for the Low Cost Automobile Insurance Program.

Information about this program is available at:

• mylowcostauto.com, or
• by calling 1-866-602-8861.

4. What if someone stops driving a vehicle?

Drivers can cancel their insurance if they stop driving for whatever reason.

If they do, they have to submit an Affidavit of Non-Use (ANU) (REG 5090) form to the DMV.

A person may obtain this form either:

• online at dmv.ca.gov,
• by calling the automated voice system at 1-800-777-0133, or
• by mail to one of the DMV addresses.

5. Can someone reside in California and carry insurance from another state?

A person may live in California and carry insurance from another state if:

• he/she spends several months of the year in the other state, or
• the person is attending college in the other state.

Note though that it is considered auto insurance fraud if:

• a person carries insurance from another state, and
• does so because the rates in the other state are lower.

If a person commits this fraud, then the following can occur:

• the person’s license could be suspended or revoked,
• the driver’s insurance will get canceled, and
• the person may face time in the county jail.

6. What is bodily injury liability insurance?

California law requires:

• drivers and vehicle owners to maintain,
• bodily injury liability insurance in case they injure someone in an accident.

Such insurance pays the other party’s:

• medical bills,
• lost wages, and
• other damages from physical injuries.

These payments are made up to the at-fault driver’s policy limits.

Bodily injury liability insurance in California must be a minimum of so-called “15/30” insurance.⁶

This means that for any single accident the insurance will cover up to:

• $15,000 for the death or bodily injury of one person, or
• $30,000 total for the wrongful death or bodily liability of all people hurt or killed in the accident.

Policies with limits greater than 15/30 are sold by most California insurers.

7. What are the consequences of a 16028(a) VC ticket?

A 16028(a) VC ticket carries a $900 fine and no DMV points in California. The $900 includes a base fine of $100 to $200 plus penalty assessments.

But if the defendant can show he/she had insurance at the time of the violation, the court should dismiss the case for a $25 administrative fee. Or if the defendant gets insurance soon after the violation, prosecutors may be open to reducing the fine and may even dismiss the charge.

As a non-moving violation, a 16028(a) VC ticket is often referred to as a “fix-it” ticket or “correctable offense” because courts are usually willing to dismiss the charge or reduce the fine once the defendant shows proof of insurance after the fact. And in most cases, the defendant’s attorney can appear in court without the defendant having to personally be there.

Note that a subsequent 16028(a) VC ticket within three years is also an infraction, but the base penalty is $200 to $500. With penalty assessments, the total fine is around $1,200.

Although this rarely happens, the court also has the discretion to impound the vehicle “for good cause shown.” The registered owner can retrieve the car upon showing evidence of financial responsibility.

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