• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

No insurance

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

Help!!!

Junior Member
Then at the beginning of the day and for some time prior you were driving without insurance? Yes

You do know that they can request the time the insurance was bound from the carrier. It may well be in the records the insurance carrier transmits to the state automatically. Yes. The officer already called my insurance company as stated.

We can't tell you how to argue the case without knowing the statute you were charged with violating. You have yet to answer that question.
----law section 46.-2-707, No Liability Insurance

I'd also suggest you calm down and give us any requested information in one post because I think new members are limited to 5 posts a day and you have used 4.
 


quincy

Senior Member
I haven’t checked your state (I will later) but no-insurance tickets often are dismissed once you show your proof of insurance.

As a note: There is no limit to the number of posts you can make in a day on this forum.
 

Help!!!

Junior Member
Thanks Quincy for the positive information. I was being nice and honest with the officer and sent him my insurance card with effective date of the ticket, which was confirmed by my insurance company. I didn't have to do that, then he used that against me. Which I am regretting it now. Please let me know what you find for my state.
 

PayrollHRGuy

Senior Member
I didn't claim anything from my insurance. It was the other driver's fault.
That matters not.

Then at the beginning of the day and for some time prior you were driving without insurance?
I wouldn't mention that if you go to court.

Yes. The officer already called my insurance company as stated.


-law section 46.-2-707, No Liability Insurance
Here's the law you were charged under.

46.2-707. Operating uninsured motor vehicle without payment of fee;verification of insurance; false evidence of insurance.

Any person who owns an uninsured motor vehicle (i) licensed in theCommonwealth, (ii) subject to registration in the Commonwealth, or (iii)displaying temporary license plates provided for in 46.2-1558 who operatesor permits the operation of that motor vehicle without first having paid tothe Commissioner the uninsured motor vehicle fee required by 46.2-706, tobe disposed of as provided by 46.2-710, shall be guilty of a Class 3misdemeanor.
SNIP
https://law.justia.com/codes/virginia/2006/toc4602000/46.2-707.html

At approximately 11 pm at night, I hear a banging on my door. I went downstairs to open the door and it was the officer from the accident. He saying how come you didn’t answer the door more quickly or answer his phone just now. I told him I was on the phone.

Anyway, he stated that he would “get in trouble” if he didn’t see my insurance card and that the effective date is the day of the accident. I stated it was and he said others said, “You don’t get insurance the same day. It takes a couple of weeks to get it finalized and active”. I was no, the insurance man confirmed it was today’s date. He wouldn’t believe me but I told him I will show him my insurance card once I receive it, he said ok but now he has to give me a ticket for no insurance because he will get in trouble.

Anyway that night, I got my insurance card and texted the officer for his email address so I could send him my insurance card. I did this from the kindness\honesty of my heart to verify as to what I told him. I sent him the insurance card with the effective as the date of the accident. The next day I called him to see if he got my card and he stated ”yes, why didn’t you show me this last night. “ I told him, I tried to but you didn’t give a chance to get it from my car, you only wanted to give me the summons. Then he got angry with his texts, “ I contacted the your insurance company to confirm if the date was correct. I also called to see what time you got it and they stated you got it after the accident. I am going to court and tell them that and prove it. Good luck, I am off.” He was being very harassing then he didn’t want me to talk to him anymore.
Look at what I bolded above. Do you not see the whole in your story?


Contact your insurance provider and ask them for proof of the time the insurance was bound. If it was before the time of the accident you are probably golden unless you screw up in court. If not, then you are likely screwed. Since this is a misdemeanor I would suggest a lawyer.
 

quincy

Senior Member
Thanks Quincy for the positive information. I was being nice and honest with the officer and sent him my insurance card with effective date of the ticket, which was confirmed by my insurance company. I didn't have to do that, then he used that against me. Which I am regretting it now. Please let me know what you find for my state.
I suggest you first speak to your insurance agent to get a clarification of when your insurance coverage went into effect (time as well as date, if the insurer notes time).

If you were not insured at the time of the accident, that is a problem but an attorney potentially could get the ticket reduced or dismissed if you now have proof of insurance.
 

quincy

Senior Member
Thanks Quincy, I will do that. Great Advice!
You’re welcome, Help!!! I appreciate the thanks.

By the way, it is not an offense in Virginia to drive without your proof of auto insurance, and it is not even an offense in Virginia to drive without any auto insurance - although if you drive without any auto insurance, you need to have first paid the state a $500 uninsured motor vehicle (UMV) fee.

Good luck.
 

FlyingRon

Senior Member
GDCs in the commonwealth are all over the place. If he had insurance coverage at the time of the cite, it will almost certainly be dismissed by showing proof. If he got it after the fact, then it's a toss up. It helps that he wasn't at fault, but I've seen some pretty hard-ass judges on this issue.
 

quincy

Senior Member
GDCs in the commonwealth are all over the place. If he had insurance coverage at the time of the cite, it will almost certainly be dismissed by showing proof. If he got it after the fact, then it's a toss up. It helps that he wasn't at fault, but I've seen some pretty hard-ass judges on this issue.
Yes, I imagine a lot depends on the specific judge. The fact that Help!!! was able to show the officer proof of insurance the same day as the accident, and that he was not at fault in the accident, works in his favor.

Help!!! should know that, even if he was driving uninsured, he can still file a claim for any damages he suffered with the at-fault driver’s insurer.
 

Help!!!

Junior Member
yes Quincy, I have already field a claim against their insurance and they covered my bumper and rental via their express fix program. Thanks again.
 

quincy

Senior Member
Even if you were driving without insurance at the time of the accident and even if you opted not to pay the $500 uninsured motorist fee when you registered your car, you can address your insurance coverage (or lack thereof) at an administrative hearing.

You should consult with an attorney in Virginia experienced in no-insurance cases for your best chance at having the citation dismissed.

Again, I wish you good luck.
 

Help!!!

Junior Member
that's good to know about the admin hearing, I'll look into it. Yes, I have been looking up insurance attorney's but none have contacted me back yet.

My only concern is the officer now has a chip on his shoulder to prove in court. When I sent him my insurance card with the date of the accident, which I didn't have to, he texted back, "why didn't you show me this before?" I said, I tried but you didn't let me. Then he texted Angrily, "I called and your insurance and they stated you got it after the accident." I said, I already told you that at the accident and you let me go home. Then he got treating in his texts, "I am going to prove you did have insurance before the accident in court", then he stated he was off.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top