Registration Suspension Fiasco

[hunter65]

What is the name of your state (only U.S. law)? NY

I'm hoping to get advice on a situation I have.

On June 4, 2012, I got insurance, with a two month initial down payment. The person told us we had to pay two months up front, which would cover the first two months. He quoted us a price of $82/month, so we paid $164.

After August 4th, (2 months), my wife called to ask them where our bill was (we received NO correspondence up to that point, including a payment plan), and they told us that everything was fine, and that they would send us a bill when payment was due.

In early September, we received a notice from NYSDMV, stating that our insurance had lapsed on July 24 (which was impossible, since we paid for 2 months). My wife immediately insured the car with another company. In the meantime, I got a hold of the original insurance company to find out what happened. They claimed the $164 was for one month only. That was bull-I was specifically told we had to make a two month down payment. After that, we heard nothing from DMV.

Three days ago, on my way to work, I get pulled over. I'm told that the regi is suspended. We were completely unaware of it. The officer asked me for proof of insurance, which I gave to him. Nonetheless, he gave me a ticket for uninsured vehicle, and, of course, for driving with a suspended registration. The officer told me he originally pulled me over for having an air freshener hanging from my mirror. My vehicle was impounded.

Being frustrated as to what happened, I again called the original insurance company, and raised hell. After a lengthy battle, and constant denials, the regional manager says something to the effect that "after hours" quotes differ from standard hours quotes-whatever that means. He claimed there was no documentation to support my claim. Knowing that they record the conversations, and more than likely archive them, to protect themselves, I asked him to dig up the conversation I had with "Chris"-the person who gave us the quote.

All of a sudden, he tells me he can extend the insurance coverage to Aug. 4th (two months). That's 11 days after they claimed our insurance lapsed, which would also explain why we didn't get a bill! In the meantime, my car is impounded (which we can't afford to get out), and I'm having to rent a car to get to work, which I definitely can't afford. Having a disabled son, this has been pure hell for us.

Any info would be greatly appreciated. P.S. We later received a notice from DMV saying our regi was suspended effective Oct. 12. The insurance company is supposed to contact DMV this week to let them know we were actually covered, when it "lapsed. But, how do we get our car back????

 

[racer72]

But, how do we get our car back????

Pay your towing and storage fees, the sooner the better. Then provide your proof of insurance and pay the reinstatement fee for the registration to the DMV.

 

[hunter65]

Pay your towing and storage fees, the sooner the better. Then provide your proof of insurance and pay the reinstatement fee for the registration to the DMV.

No way! The insurance company submitted verification to the DMV that our insurance was good until August 4th yesterday. It was NOT our fault, and there is no way I'm paying for something, when I did nothing wrong. The insurance company made the mistake-not me.

 

[FlyingRon]

No way! The insurance company submitted verification to the DMV that our insurance was good until August 4th yesterday. It was NOT our fault, and there is no way I'm paying for something, when I did nothing wrong. The insurance company made the mistake-not me.

First off, it *IS* your fault. You never cleared your registration suspension from the description you gave here. It is not sufficient just to go out and buy another policy at the point you get the 10 day notice. The notice included information on what you must do and you didn't do it. You might have gotten it straightened out if you'd dealt with the original insurer and shown there was NO LAPSE or you had follows the procedure to pay the civil penalty after having shown new proof of insurance.

Thus with your registration knowingly surrendered, you drove. That's illegal and the tow was justified. You're not getting your car back until you unsuspend the registration and pay the tow and storage fees which as you were told will continue to mount.

 

[tranquility]

I agree with FlyingRon. I suppose you could sue the insurance company later, but you will have a mitigation problem for any real damages. There is no way you are getting your car back quickly unless you pay the money. Perhaps you can contact the insurance company and ask them to pay, but I find it unlikely they will.

 

[hunter65]

First off, it *IS* your fault. You never cleared your registration suspension from the description you gave here. It is not sufficient just to go out and buy another policy at the point you get the 10 day notice. The notice included information on what you must do and you didn't do it. You might have gotten it straightened out if you'd dealt with the original insurer and shown there was NO LAPSE or you had follows the procedure to pay the civil penalty after having shown new proof of insurance.

Thus with your registration knowingly surrendered, you drove. That's illegal and the tow was justified. You're not getting your car back until you unsuspend the registration and pay the tow and storage fees which as you were told will continue to mount.

I did not know the regi was suspended, until I got pulled over. By then, it didn't matter. What the hell is a 10 day notice? The DMV is so slow, there's good odds that 10 days will never happen. We received notice in early Sept. We never heard anything from the insurance, so we had no knowledge until it was too late. When we did finally receive a suspension, it said it was effective starting 10/12/2012. Again, I did nothing wrong.

 

[hunter65]

I did not know the regi was suspended, until I got pulled over. By then, it didn't matter. What the hell is a 10 day notice? The DMV is so slow, there's good odds that 10 days will never happen. We received notice in early Sept. We never heard anything from the insurance, so we had no knowledge until it was too late. When we did finally receive a suspension, it said it was effective starting 10/12/2012. Again, I did nothing wrong.

Am I guilty, until proven innocent-is that how it works? Especially when I shouldn't have been suspended to begin with? Gotta love the new communist agenda! Enough of this-I'm done with it.

 

[tranquility]

Am I guilty, until proven innocent-is that how it works? Especially when I shouldn't have been suspended to begin with? Gotta love the new communist agenda! Enough of this-I'm done with it.

No, you're not "guilty". That will have to wait for court. How long from now will that be? IF you can prove everything up, the judge may find you not guilty. I don't think you can without a ton of work getting evidence, but, the gathering of evidence alone will take weeks or months. All this time, without a car. Be done with it. But, if so, the car is not going to magically be transported to your driveway.

 

[OHRoadwarrior]

Am I guilty, until proven innocent-is that how it works? Especially when I shouldn't have been suspended to begin with? Gotta love the new communist agenda! Enough of this-I'm done with it.

Whatever happened to personal responsibility? You apparently do not have an insurance card showing you had any coverage because you were irresponsible. This is the final outcome.

 

[FlyingRon]

I did not know the regi was suspended, until I got pulled over. By then, it didn't matter. What the hell is a 10 day notice? The DMV is so slow, there's good odds that 10 days will never happen. We received notice in early Sept. We never heard anything from the insurance, so we had no knowledge until it was too late. When we did finally receive a suspension, it said it was effective starting 10/12/2012. Again, I did nothing wrong.

That was the notice you admitted receiving. It told you that you had either 10 days to prove your insurance was valid or surrender the plates. You didn't do EITHER of these. That's all the notice of suspension you were supposed to have needed.

You can bitch and moan here all you want but you're not getting your car back until you do what we've said. You can try tranq's idea of going after the insurer, but while they may have been responsible (that remains to be seen) for you getting the 10 day notice, they're NOT responsible that you chose to blow off the DMV arguing "it's not my fault."

 

[Just Blue]

I did not know the regi was suspended, until I got pulled over. By then, it didn't matter. What the hell is a 10 day notice? The DMV is so slow, there's good odds that 10 days will never happen. We received notice in early Sept. We never heard anything from the insurance, so we had no knowledge until it was too late. When we did finally receive a suspension, it said it was effective starting 10/12/2012. Again, I did nothing wrong.

 

[Just Blue]

Am I guilty, until proven innocent-is that how it works? Especially when I shouldn't have been suspended to begin with? Gotta love the new communist agenda! Enough of this-I'm done with it.

I gotta insert more ........ here.

Dude. You are far-reaching.

 

[hunter65]

I just wanted to update what happened on this thread. As I had stated, I had done nothing wrong. It was a screw up on the part of the insurance company we initially had. I got a public defender-a really good one-and she vindicated me. I was completely legit, and pushed for a jury trial. Upon arriving for the jury trial, and waiting for over 2 hours, the judge called me up to the bench. He thanked me for being patient, and then he spoke the words I had been waiting for-"Failure to prosecute." I lost $700 on the impoundment of the car, but I stood my ground, and prevailed. When you're in the right-fight!

 

[Silverplum]

I just wanted to update what happened on this thread. As I had stated, I had done nothing wrong. It was a screw up on the part of the insurance company we initially had. I got a public defender-a really good one-and she vindicated me. I was completely legit, and pushed for a jury trial. Upon arriving for the jury trial, and waiting for over 2 hours, the judge called me up to the bench. He thanked me for being patient, and then he spoke the words I had been waiting for-"Failure to prosecute." I lost $700 on the impoundment of the car, but I stood my ground, and prevailed. When you're in the right-fight!

The ONLY possible answer is a quote from you: "Gotta love the new communist agenda."