New Car/No proof of insurance

[kcackler]

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

Here is the situation at hand - On Feb 6, I was considering making a trip to purchase a family heirloom truck. I called the insurance company covering me on my normal driving to make sure that I would be covered temporarily on this new vehicle. They confirmed that yes, I would.

I purchased the vehicle on Feb 8 (Sunday). Before leaving for the trip home, I copied our insurance card that we have in the car and placed it in the new vehicle as proof of current insurance coverage.

About halfway through my trip home, I pulled off of the interstate to get some gas. My wife pulled in behind me. I went to a pump and she went to a parking spot on the side of the building to wait.

An officer pulled in behind her, drove around the building, and (We can only assume) ran the tags on the car. She lingered behind the car for a solid minute before driving up behind me, pumping gas. She immediately ran the tags on the new vehicle.

When asked for proof of insurance/registration, I handed her my bill of sale along with proof of insurance for our car. After looking everything over, she said that having insurance coverage on another car does not cover every car I ever drive, and that if I'm driving this new vehicle, I have to have insurance on THIS VEHICLE. I very politely explained to her that it was IMPOSSIBLE for me to get coverage on the vehicle on a SUNDAY, and that I would be getting coverage the very next day (Monday). I also explained that before leaving for the purchase of the vehicle, I had called our insurance company and they had assured me that I was covered for a very limited period (5 days) automatically before having to get coverage on this specific vehicle. I got the ticket anyway.

First thing Monday morning, I called our insurance company to ask for a letter stating that I am covered on this vehicle. After giving them my information, they informed me that the automatic coverage does not apply to me, since I am simply an "additional driver" on my parent-in-laws' policy. I informed the agent on the phone that I was told otherwise the week before, but I have no proof of that. She said that the chances are very good that who I talked to simply stated their policy without looking into my specific case.

So, the bottom line is that I was NOT covered on insurance, even though I was told otherwise before purchase. Trying to get the insurance company to admit fault is a wasted effort, of course. Because of the frustration with that company, I purchased coverage with another company that same day.

Now - I know that ignorance is no excuse, and I don't expect to get off scott free. However, in this case, my ignorance was caused by incorrect information given to me by our insurance company, and I feel that I did everything within my power to make sure I was going about it all in the most legal way possible.

My question is this: How should I plead in court? The fine for the ticket is a steep $350, which we simply don't have the money for. I know that I am guilty of having no insurance on the vehicle, but I don't feel that the fact is due to any negligence on my part. If I plead guilty, will I be given a chance to explain the circumstances surrounding the issue? If I plead not guilty, explain the circumstances, but am still found guilty of no insurance, am I then responsible for additional court fees?

I just want to get out of this with the lowest fee possible. I'm not trying to weasel out of anything, really...I'm just trying to do as little damage as possible to my wallet.

Also, if you've got any tips or advice for the court, I'm very interesting in hearing what you've got to say. This will be my first time going to traffic court.

Thanks in advance.

 

[The Occultist]

Please take my advice with a grain of salt as I am no expert in this area, but I would probably plead guilty, pay the fine, and then attempt to take the insurance carrier to small claims based on the poor advice they gave you.

Since that venture would absolutely not succeed without an attorney representing you, this leads me into my next bit of advice: get an attorney. Local attorneys know what's going on in the courts, and have the highest potential for yielding the most favorable results. Many attorneys offer free/cheap consultations, so you should take advantage of this and sit down with a couple to see what insight they may have to offer.

 

[kcackler]

Thank you for your advice. However, I am not even remotely interested in taking the insurance company to court. I simply do not have the time to deal with that whole mess. I just want to get this ticket taken care of as quickly and cheaply as possible.

Again - Thank you...But going to court against the insurance company isn't something I want to deal with.

 

[Zigner]

I disagree with the information given above.
The insurance company is correct...if one gets a new vehicle they do have a certain amount of coverage allowing them to add it.

Our OP doesn't have his own coverage.

 

[kcackler]

Right - The insurance company has no reason to give me proof of coverage because I was not covered. I'm fine with that. I should have made sure that the original person on the phone understood my unique situation.

However, my questions still stand: How should I plead in court? Will I be allowed to explain the circumstances? Will the judge even care? (Basically, I've got no idea how this process even works and have been unable to find any info on google)

Thanks again.

 

[Hey There]

Information First--Decision to Follow

There's a difference between deliberately driving without insurance and driving convinced that the car is covered with full intention of obtaining continuing insurance on the first business day.
There was no reason for you not to believe that the information you were given wasn't accurate.
If this is the policy of your former insurance agency not to provide temporary coverage in certain circumstances the agent can be asked to provide written proof that this is so and that you were informed AFTER the fact.
What does your new insurance policy say about extended coverage for a new vehicle?
As the Occultist states some lawyers will consult for a modest fee ($50.00) or for free.
Have you checked this out?
Google:Books on fighting traffic tickets
Google:Arkansas insurance rules for drivers
Google:Contesting Traffic Tickets
etc.


Best Regards,
Hey There

 

[The Occultist]

There's a difference between deliberately driving without insurance

Wait, so are you saying that there is such a charge as Conspiracy to Drive without Insurance??

 

[Zigner]

There's a difference between deliberately driving without insurance and driving convinced that the car is covered with full intention of obtaining continuing insurance on the first business day.

The law doesn't speak of "deliberately" driving without insurance. The law does have a requirement of intent. Our OP was not insured. He might have thought he was insured, but he wasn't. Period.

 

[I_Got_Banned]

The law doesn't speak of "deliberately" driving without insurance. The law does have a requirement of intent. Our OP was not insured.

Yes, the OP was not covered although on his initial call to the insurer he was told otherwise.

I think what "Hey There" meant by "deliberatly" is this:
Let's assume that he called the insurer and was told that he WAS NOT covered, then he went and bought the vehicle and drove it knowing he was NOT covered. Then he would have been "deliberatley" driving without insurance.

He might have thought he was insured, but he wasn't. Period.

He "thought" he was covered not based on HIS OWN INFORMATION, he based his belief on information he received from his insurance. That by no means should suggest that he should not have received the citation or that he should have it dismissed. It just means he made a good faith attempt to inquire and made a subsequent decision to drive the vehicle under the assumption that he was insured.

Also, I highly doubt that the insurer could be found liable for the erroneous information. I base that opinioon on a guess that the OP gave the insurer the wrong information. My guess is he called and asked "If I carry my current insurance card in a vehicle that I buy over the weekend, am I covered?" He failed to tell them that HIS NAME IS NOT on the policy... (i.e. He failed to tell them that he is only an additional driver).

 

[kcackler]

Exactly, I_Got_banned - The wrong information was entirely my fault, as that is *exactly* how the conversation went. To be honest, I didn't even realize that we were only additional drivers on the policy - I had no idea that I needed to mention that small tidbit if info to the insurance company.

The question still remains, however: How do I plead in court? How does the court system even work? (IE, will I see the DA first and tell him my plea without being able to explain the entire situation, or....what? I've never been to traffic court before)

Thank you everyone for your input so far.

 

[I_Got_Banned]

Exactly, I_Got_banned - The wrong information was entirely my fault, as that is *exactly* how the conversation went. To be honest, I didn't even realize that we were only additional drivers on the policy - I had no idea that I needed to mention that small tidbit if info to the insurance company.

The question still remains, however: How do I plead in court? How does the court system even work? (IE, will I see the DA first and tell him my plea without being able to explain the entire situation, or....what? I've never been to traffic court before)

Thank you everyone for your input so far.

I would plead guilty with an explanation. Explain exactly what happened... You asked a general question (being unaware that you were not the original policy holder but only an additional driver)... ((Although that should have been obvious to you considering the fact that your name was not on the insurance card that you made a copy of and carried with you))...

Of course I assume that you have purchased insurance for the newly aqcuired vehicle at the first available opportunity. (My guess is that showing proof of that will buy you a reduced fine).

However, keep in mind that you were driving without insurance and the Judge may simply opt to not take newly issued policy into consideration.

 

[kcackler]

Hindsight is 20-20

Thank you for your opinion on how I should plead. My main problem is just that I've never been to court before, so I had no idea how things were handled.

And yes - Insurance coverage was purchased on the first business day that I was able to (Monday)