friend had expired insurance, but didn't cause accident

Arkansas

Wednesday night some friends were involved in a car wreck. An ambulance was coming with its lights on. The car in front of them pulled over, and they also did. The car behind them wasn't paying attention, and ran into their car, pushing it into the car in front. So Car 1 has rear bumper damage, car 2 (my friends) has front and rear damage, and car 3 (whose driver was issued a citation for causing the accident) has front-end damage. We have the insurance information from the incident report for them to call Farm Bureau (driver 3's company) and start a claim for repairs.

Their question is: When they bought the car they got insurance and paid the first year. When renewal was due, the insurance company sent them a new card before the old policy expired, but they didn't have the money to pay and never paid the premium for the next 6 months, which means the policy for the card they showed the officer is actually not in effect. What could be the repurcussions if the driver of car 1 calls this insurance company (because the info is on the report) instead of the company of driver 3, who was cited? Could my friends then end up with a fine after the fact?

BrianRoden said:

Arkansas

Wednesday night some friends were involved in a car wreck. An ambulance was coming with its lights on. The car in front of them pulled over, and they also did. The car behind them wasn't paying attention, and ran into their car, pushing it into the car in front. So Car 1 has rear bumper damage, car 2 (my friends) has front and rear damage, and car 3 (whose driver was issued a citation for causing the accident) has front-end damage. We have the insurance information from the incident report for them to call Farm Bureau (driver 3's company) and start a claim for repairs.

Their question is: When they bought the car they got insurance and paid the first year. When renewal was due, the insurance company sent them a new card before the old policy expired, but they didn't have the money to pay and never paid the premium for the next 6 months, which means the policy for the card they showed the officer is actually not in effect. What could be the repurcussions if the driver of car 1 calls this insurance company (because the info is on the report) instead of the company of driver 3, who was cited? Could my friends then end up with a fine after the fact?

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How much damage was there to your vehicle? Over $1,000? I would imagine so.
When you report the accident to the state (as legally required), the you will need to prove to the state that you had valid insurance.

(Oh, by the way, I'm not buying the "my friends" line)

What could be the repurcussions if the driver of car 1 calls this insurance company (because the info is on the report) instead of the company of driver 3, who was cited? Could my friends then end up with a fine after the fact?

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actually it is a 50/50%. I think that insurance company of car 1 WILL call to insurance company of car 2 / car 3 to investigate.

and they both MAY/CAN report driver without insurance to DMV.

Zigner said:

(Oh, by the way, I'm not buying the "my friends" line)

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Buy it or not, I was checking this for a friend. My wife called me Friday to tell me about the accident our friends had and asked me to investigate the possibilities.

I have had continual coverage from USAA since high school.

Good grief, I guess all attorneys are cynics because of all the scofflaws they are constantly around.

then what does "un-insured motorist" mean on a policy?

BrianRoden said:

Buy it or not, I was checking this for a friend. My wife called me Friday to tell me about the accident our friends had and asked me to investigate the possibilities.

I have had continual coverage from USAA since high school.

Good grief, I guess all attorneys are cynics because of all the scofflaws they are constantly around.

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Funny that you answered that, yet ignored the question relating to damages...

The police report estimate of damage to their vehicle was $2000, since they had front and rear damage.

As for your insinuation that I was ignoring that part, I was really just checking for a reply before I left to take my daughter to school (as you'll notice, my response was at 7:20 CDT) and was slightly incensed at the accusation that I was making up the part about it being a friend.

The presence or absence of liability coverage at the time of a vehicle accident has nothing whatsoever to do with tort liability!

In other words, there is no stigma of negligence imposed by reason of the fact that an involved vehicle or driver was not covered by liability insurance.

Moreover, in a civil tort case arising out of a motor vehicle accident the presence or absence of liability coverage on the part of either the plaintiff or the defendant cannot even be mentioned; not in the pleadings or at any time during the trial.

Also irrelevant and inadmissible as hearsay is whether or not any vehicle operator was cited for a traffic violation incident to the accident - or was convicted or acquitted of a traffic violation. That too would be inadmissible hearsay.

But any officers that investigated the accident can testify as to what physical evidence was observed and/or reported at the scene and can testify as to any admissions against interest made by one or more of the vehicle operators.

However, the officer cannot testify that he issued any citations. And with the exception of a driver making a statement against interest, the officer cannot testify as to what any witnesses may have told him. Nor is his written report of his investigation admissible evidence.

Ignore anyone that tells you otherwise.