Requirements for California Windshield Replacement
The regulations governing when a windshield must be replaced in California are governed by Sections 26709 and 26710 of California Vehicle Code and Section 26709, Chapter 8, of the California Code of Regulations. Section 26709 of the California Vehicle Code explains the weight of the windshield and that it must not obstruct the vision of operators of vehicles when they are driving. This section also provides that no person shall drive any motor vehicle upon a highway when the windshield is obstructed to the extent it materially obstructs, obscures, or impairs the vision of the driver.
California Code Regs., Title 13, Sections 26709 and 26710, interpret Section 26709 above and explain how the law will be enforced in California. In our experience, these regulations are enforced because repair or replacement of the windshield is properly documented on the police reports and moving violations.
Section 26709(a)(1) prohibits all obstructions or materials that impact the driver’s vision. Section 26709(a)(2) prohibits films or material on any glass that obstructs the view in a manner that would substantially impair the driver’s ability to see or that restricts the driver’s view to the front of the vehicle. Section 26709(a)(3) prohibits tinted windows that have a minimum luminance transmittance of less than 70 percent. Section 26709(a)(4) prohibits tinted windows or materials placed on the windows behind the driver’s seat unless the minimum luminance transmittance is 70 percent or more . Section 26709(a)(5) prohibits tinted windows or materials placed on the windows behind the driver’s seat unless the minimum luminance transmittance is 40 percent or more. Section 26709(a)(6) prohibits tinted film applied to the windshield that has a minimum luminance transmittance of less than 70 percent. Section 26709(a)(7) prohibits tinted film applied to the windshield window that has a minimum luminance transmittance of less than 70 percent. When applied, the film must be mounted to the layer of the film furthest from the operator’s position. The windshield concealment band or tint band is 5 inches.
California Vehicle Code, Section 26710, requires vehicle owners to maintain their windshield in good conditions. Section 26710(a) provides as follows: "No person shall drive upon a highway any motor vehicle with arms, objects, mittens, banks or other hindrances to the free use of both hands of the driver." Further, Section 26710(b) provides that "[a]ll motor vehicles registered or originally sold in California shall be equipped with two windshield wipers, located outside of each driver’s compartment, for clearing rain, snow and mist from the windshield."
In addition, the glass in windshields must be made of safety glass in accordance with Section 26709 of the California Vehicle Code.
Damage to the windshield that requires replacement of the entire windshield comes within the definition of a total loss because it impairs the normal use of the vehicle. Further, such damage makes the car unsafe to operate on public highways with regard to general safety and mechanical soundness.
Coverage for Windshield Replacement Under Insurance Policies
Insurance coverage for windshield damage in California involves an important distinction: a car’s auto insurance policy will only cover glass damage if it has comprehensive coverage. This is a type of optional coverage that covers all damage to your vehicle except collisions. That means that if you crack your windshield due to flying debris or even vandalism, it should be covered under your comprehensive policy. Note that you should have glass coverage on your comprehensive policy. If it is not listed on your declarations page, then you will likely have to pay the comprehensive deductible for any glass damage.
For example, let’s say your windshield cracks due to a rock thrown by a passing car, and you have a $500 comprehensive deductible. Since it was an accident, you will use your insurance to pay for the damage. If the cost of the repair is $300, you will pay the $300 and the insurance company will get nothing, besides higher premiums in the future. If the cost of the repair is $1,800, you will pay $1,300, and the insurance company will pay $500.
Now assume you do not have insurance and you go to a repair place without a referral from your insurance company. The shop says that your windshield cannot be repaired, so you will need a new windshield, and that they will charge you $350 to install it. You pay the $350. Then you go to put your car in gear and drive off, but as you begin to drive away you see that the windshield cracked along the bottom. The installer watched you drive away from the shop, and knew that the crack had formed after you drove away from the shop. You take the car back to the shop and they inform you that it is not responsible for the damaged windshield. You attempt to have them fix the windshield again, but they refuse to do the work without charging you again. If you do not have auto insurance, you might take the shop to small claims court, but what good would that do? Even if you win and get a judgment against the shop, it is unlikely that you will ever collect anything. A much better outcome would have been to have full insurance coverage on the car and simply to call your insurance company to replace the windshield.
Free Windshield Replacement: Is It Really Free?
In California, when a windshield is shattered, many people may assume that their insurance company will provide a free windshield replacement. There seems to be a popular misconception in relation to this issue. It is commonly assumed that if someone has comprehensive coverage on their vehicle insurance policy, their auto insurance company will automatically cover their windshield repair or replacement for free.
The truth is that insurance companies are not obligated by California law to offer free windshield replacement. California Insurance Code Section 11580.9 states that an insurance policy which provides for glass repair (or replacement) must have the following provision: "A provision that in the event of an accident that necessitates glass replacement or repair, the insured may authorize the glass replacement or repair without risk of payment, if the insured notifies the insurer within five working days following the glass replacement or repair, and that the insurer will provide for the glass replacement or repair based on information submitted by the insured." Some insurance policies will provide that the insurance company "shall make arrangement with a glass repair facility" which are preferred by the insurance company. This is merely a guideline that applies to the "glass repair or replacement." In some cases, it is not in the best interest of the policyholder if the insurance company "makes the arrangements for" the repair. Sometimes it is better for the policyholder to act independently in seeking a repair/replacement in the best interest of the policyholder. The California Department of Insurance has also made it clear that even though the insurance companies have the right to provide the glass repair/replacement, they do not always do so.
The California Department of Insurance issued a bulletin stating that "current market practices show that insurers are not always able to replace or repair automobile glass in a timely fashion to avoid an impairment in a policyholder’s ability to operate the vehicle due to windshield impairment." This bulletin was issued in 2005. It seems that the insurance companies have not taken heed of this warning. You may have noticed that many insurance companies now offer 24/7 glass replacement service. All auto glass professionals know that it is very unlikely that an auto insurance provider provides this service. If auto insurance companies were really interested in consumer service and providing round-the-clock service to policyholders, this "lifetime roadside assistance promise" would also apply to other more severe auto damage, such as damage to the engine, axel, tire, etc. However, no other service, other than windshield replacement, is offered at midnight. The reason is that auto insurance companies know that there would be a "flood of calls" if they paid for auto-related damage at midnight. Although the auto insurance companies have made it clear that they are not in the business of providing "just-in-time" service to policyholders with damage, they seem to confuse the costs of auto glass replacement as being equal with other vehicle repair. The two types of repairs are distinctly different. For example, if someone related to the policyholder was sick in the middle of the night, he or she would not blame the auto insurance company for not fixing the car that is stuck in the garage at 2:00 a.m. because of broken axel.
According to the California Department of Insurance, the real issue is who pays for the repairs/replacement. Auto insurance companies are required by law to provide the minimum level of service (as discussed) but auto insurance providers are not required to provide someone in need of cash with 5,000 bucks for a new windshield. Although some companies (not mine) pretend that they provide "a free windshield replacement", this is not true. When someone goes through their insurance company for a glass replacement, they are not getting a free windshield replacement! The money is deducted from the claimant’s deductible back to the insurance company. And, the policyholders will be stuck paying higher premiums as a result.
The Importance of Qualified Technicians
In the complex world of automotive glass installation and repair, much like in other fields, there exists a well-defined range of standards and procedures that need to be adhered to. While this might not always seem like breaking news to the casual observer, it goes without saying that virtually all consumers expect that the technicians that handle their vehicle’s repairs are qualified to do so, both regarding their own safety and that of their vehicle’s occupants as well. Moreover, and crucially, California law also provides a helpful framework governing these concerns.
In order to help ensure both the consumers and the integrity of the repair, all installation work and repairs must be performed by technicians that have been certified by a standards-setting organization approved by the state. In California, the industry standard for these technicians is mandated by the Auto Glass Replacement Safety Standard (commonly known as AGRSS), which is overseen by the non-profit independent organization, the Auto Glass Safety Council (AGSC) .
In order to become certified to conduct windshield replacement or other vehicle auto glass repair work, technicians must pass a test confirming their knowledge of AGRSS regulations along with their ability to correctly perform installations according to the relevant standards. In talking about the organization’s certification process, the AGSC provides a helpful quote from the National Glass Association in which they noted that "The public interest is served by knowing that the people responsible for the delivery of automotive glass replacement services are competent and knowledgeable."
The AGSC certification process also includes the completion of further relevant courses as well as re-certification testing every three years. These additional steps help to ensure that certified technicians are aware of the most up-to-date information regarding best practices in the field and can help to increase the number of professional technicians able to provide consumers with a service they can trust as well.
Exceptions to the Rules
While California’s laws indicate that all drivers need to comply with the windshield replacement requirements, there are some exemptions. The general rule is that all vehicles must comply with the tinting and partial blockage restrictions. One notable exception is for commercial vehicles that are used for the purpose of transporting passengers or cargo for hire. An example is a taxi or limobus company that has several drivers for several different vehicles. In that case, the single vehicle ownership is sufficient to get an exemption from the general rules for tinting and partial blockage. However, other parts of the California Code of Regulations Title 13 Section 26708 still apply and so tinting can be done on the side windows and rear window, however if the tint shades exceed the allowable percentage, the extra amount of tint can be removed and if that is insufficient, the windows can be replaced so that the tint is not blocked by the windshield.
Other exceptions to the general windshield replacement laws are included in the requirements governing newer cars. Vehicles that were produced or made before 1937 predominantly had windshields composed of cellulose acetate material which is no longer in general use. However some vehicle manufacturers still produce these glass products so that those vintage or classically styled vehicles can have the glass on the winyards, windshields and side windows to match their original make and series.
Recent Legislative Developments
In 2017, Senate Bill No. 1278 amended California Vehicle Code Section 26710. The most notable update to the law was the broadening of the definition of a windshield. The revised definition includes laminate glass tiles, panes and panels in addition to windshield glass. The other revisions to the law went into effect on January 1, 2018 and deal with the enforcement of the law. The 2017 amendment is a response to the increase of automobiles using laminate glass tile to provide aesthetic value and to cut down on the weight used in manufacturing the automobile. Traditionally, the windshields in automobiles would be a solid piece of glass. In recent decades, manufacturers have transitioned to high-tech materials. Still, the technology is relatively new and not widely known , meaning older legislation had not been issued to cover the development. This left a gap of information that allowed ineffective products to be purchased for replacement in recent years. The amendment to Section 26710 cleared some of this up as it further clarifies what qualifies as a windshield and outlines what is allowable for replacement under the law. The amendments that took effect on January 1, 2018 enable the officer to write a notice of violation or a citation for a first violation of the law. In practice, this means if an officer observes a windshield that is cracked or damaged beyond the allowed limits and is presenting a safety hazard, the officer will issue a notice of violation that informs the operator of the unsafe condition and request the windshield is repaired or replaced. The fine will only be applied if the offender re-offends after receiving the notice of violation. Failure to replace the windshield could result in fines of $25 for a first offense and $197 for any subsequent offense.