Legal Question in Insurance Law in California

''Profiling'' questions on insurance apps

I've just moved to California. I've noticed when applying for auto insurance I'm asked various demographic questions.

I have a DUI (which was settled with a CWoF) from 7 years ago this month.

The app asks if a licence was suspended or revoked in the last ten years. In a previous app, it asked if I had ever been assigned to a substance abuse course. It also asks if I was convicted for DUI, which, technically I guess I was not.

First, am I legally required to answer these questions or am I simply giving up information that the insurance companies have the responsibility to track down themselves? I.e., if I answer ''no'', would I be dealing with a legal situation or just a pissed off insurance company?

Second, I'm asked to list other drivers and I'm told I ''should'' list all other licenced drivers in the house. Again, is this necessary or just one more way for them to squeeze money out of me?

Thanks in advance.


Asked on 3/15/04, 6:26 pm

1 Answer from Attorneys

Re: ''Profiling'' questions on insurance apps

Insurance companies use this information to rate the risk of each driver or family causing an accident or making a claim. This is similar to a life insurance company asking how old you are, whether you are a smoker or pilot your own airplane.

If you don't answer, you probably will not be able to get insurance. If you lie, you are defrauding the insurer. If you lie and never have a claim you might get away with it for a while -- unless the insurer finds out from a database. But if you lie and get into an accident you are in trouble right away.

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Answered on 3/17/04, 2:10 pm


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