Judge will not accept my proof of insurance in court

[Squarenone]

Hello, I live in dacono, colorado and I was recently pulled over for a brake light out. At the time of the stop I could not find my current insurance card. The officer gave me a mandatory court appearance for no proof of insurance. When I went to court the county prosecutor would not accept my current valid insurance card. They told me they would only accept a written letter from my insurance company. Can they just refuse a state recognized form of proof? I would also like to file a complaint on the county prosecutor for not telling me why they wouldn't accept my insurance card. How would i go about filing a complaint on a judge or county prosecutor? Any clarification on this subject would be greatly appreciated.

 

[Taxing Matters]

Tell us the state and what it is that you offered as proof of insurance. Did you in fact have coverage on the date the officer stopped you?

 

[Just Blue]

What is the name of your state?

Please provide your state and circumstance. Thank You...

 

[Zigner]

Hello, I live in dacono, colorado and I was recently pulled over for a brake light out. At the time of the stop I could not find my current insurance card. The officer gave me a mandatory court appearance for no proof of insurance. When I went to court the county prosecutor would not accept my current valid insurance card. They told me they would only accept a written letter from my insurance company. Can they just refuse a state recognized form of proof? I would also like to file a complaint on the county prosecutor for not telling me why they wouldn't accept my insurance card. How would i go about filing a complaint on a judge or county prosecutor? Any clarification on this subject would be greatly appreciated.

You need to prove that you had valid coverage at the time of the citation. Your insurance card doesn't show that. Yes, they can require a letter. The prosecutor has no duty to tell you this and the judge has done nothing wrong. I'm not sure why you think a complaint against them is warranted.

 

[Squarenone]

Tell us the state and what it is that you offered as proof of insurance. Did you in fact have coverage on the date the officer stopped you?

Colorado, I had a hard copy of my insurance card and i also had my entire policy contract on my phone. This is a commercial policy that i pay up front every year $10,000 a year since may of 2014 to present day.

 

[Zigner]

Colorado, I had a hard copy of my insurance card and i also had my entire policy contract on my phone. This is a commercial policy that i pay up front every year $10,000 a year since may of 2014 to present day.

The card (and the policy, for that matter) are a snapshot in time. Basically, they prove that, at the time the card (or policy document) was issued, the insurance was in force. You need to show that at the time of the citation, your insurance was in effect.

 

[FlyingRon]

Eh? Every insurance card I ever had in Colorado had effective and expiration dates. It's no less proof at the time of trial than it would have been had he presented it to the officer on the scene.

Still, most insurers won't have any problem sending a proof of coverage. I've had to do it in states where "insurance cards" were not required.

 

[Zigner]

Eh? Every insurance card I ever had in Colorado had effective and expiration dates. It's no less proof at the time of trial than it would have been had he presented it to the officer on the scene.

The insurance could have been canceled for various reasons. The judge is allowed to ask for actual proof of coverage at the time of the citation.

 

[Taxing Matters]

Colorado, I had a hard copy of my insurance card and i also had my entire policy contract on my phone. This is a commercial policy that i pay up front every year $10,000 a year since may of 2014 to present day.

Here is what Colorado law says is required to get the charge dismissed: "A person charged with violating subsection (1), (2), or (3) of this section shall not be convicted if the person produces in court a bona fide complying policy or certificate of self-insurance that was in full force and effect as required by law at the time of the alleged violation. The court clerk's office may dismiss the charge if it verifies that the person had a valid policy in effect at the time of the alleged violation using the uninsured motorist identification database created in section 42-7- 602." Colo. Rev. Stat. § 42-4-1409(6).

So the insurance card that the insurer gives you is not sufficient. You need to produce a bona fide policy or certificate of self-insurance that shows it was in effect on the day and time of the alleged violation. The easiest way to do that is to ask your insurer for a certification that that specifically states that on the day of the violation you had insurance that complies with state law. Most insurers can do that pretty much instantly, they have a computer program that will print out the certificate you'd need.

I sympathize with you in that I understand that you might think the insurance card would be good enough in court since Colorado law says that the card is good enough to provide the cop when you get stopped (or show the cop the electronic card on your phone, though I don't particularly recommend doing that). But since it is possible for various reasons that your policy was cancelled after the card was issued, the card doesn't work in court. Nor does a policy copy that does not specifically verify that you had insurance in effect on that day work, either.

You could have asked the court clerk before court to verify your insurance by computer and the clerk could then dismiss the charge. That's generally the first thing you want to try.

 

[Squarenone]

You need to prove that you had valid coverage at the time of the citation. Your insurance card doesn't show that. Yes, they can require a letter. The prosecutor has no duty to tell you this and the judge has done nothing wrong. I'm not sure why you think a complaint against them is warranted.

The insurance could have been canceled for various reasons. The judge is allowed to ask for actual proof of coverage at the time of the citation.

I agree that it could have been cancelled, however my insurance is different than the lay persons. It is a commercial policy on a towing company. If you do a some research you will find that only two insurance companies insure tow companies and the both require you to pay ALL of your premiums UP FRONT. In my case, over $10,000 due June 11th every year up front before i receive my proof and all other paperwork. Otherwise June 12th I'm out of business. The judges should know the difference between a vehicle insurance policy and a commercial liabilty policy. Just sayin.

 

[Taxing Matters]

Eh? Every insurance card I ever had in Colorado had effective and expiration dates. It's no less proof at the time of trial than it would have been had he presented it to the officer on the scene.

Unfortunately, that is not correct. The insurance card won't work as the Colorado statute I cited above makes pretty clear.

 

[Taxing Matters]

I agree that it could have been cancelled, however my insurance is different than the lay persons. It is a commercial policy on a towing company. If you do a some research you will find that only two insurance companies insure tow companies and the both require you to pay ALL of your premiums UP FRONT. In my case, over $10,000 due June 11th every year up front before i receive my proof and all other paperwork. Otherwise June 12th I'm out of business. The judges should know the difference between a vehicle insurance policy and a commercial liabilty policy. Just sayin.

First, it would be up to you to make that argument. The judges are unlikely to know the details of commercial tow policies. Second, an insurance policy can be canceled for reasons other than nonpayment of premiums, so the fact that for your type of policy the insurer typically requires payment for the whole period of coverage in advance is not a guarantee that the policy was still in effect at the time you were stopped.

 

[HighwayMan]

I agree that it could have been cancelled...

Why, oh why are you whining on and on about this? Seriously, what is the big deal?

You have your insurance company send you a letter as described above and you present that to the court. Why are you making a federal case out of this?

I have stopped plenty of people who presented valid insurance cards and who did not, in fact, have a valid policy. You say your policy is some special commercial policy - well the court probably has no idea about that and is treating it as they would any other policy.

Get the proof that's actually required, doesn't cost you anything, and get this matter over with.