by carhow60 » Thu Sep 27, 2012 11:49 pm
My daughter has uninsured motorist insurance through Geico. Today she was driving her brother's car and had a wreck. The police officer fined her $500.00 because there was no insurance coverage on the car. Since she does have insurance, won't this cover the accident? Her brother was on his way to get insurance, but the tag agency was already closed. What do we do now?
Posted: Fri Sep 28, 2012 01:48 am Post Subject:
My daughter has uninsured motorist insurance through Geico
Well, I'd say one part of that statement is incorrect.
[quote]Since she does have insurance, won't this cover the accident? Her brother was on his way to get insurance, but the tag agency was already closed. What do we do now?]/quote]
Okay, now it makes more sense. The brother owns the car which did not have insurance on it and the daughter was driving it at the time of the accident. I don't see what this has to do with the brother being on his way to the tag office... the tag office does not sell insurance. Did the vehicle not have a tag on it either?
The state requires that the _vehicle_ have insurance on it... not that the person driving it be insured. Your daughter may have be eligible for liability coverage if needed (perhaps not) but the state is simply going to look for the proper insurance card with the vehicle listed. Your daughter is free to dispute the citation and show the judge _her_ insurance but I doubt this is going to fly. Truth is... the vehicle was not insured as it was required to be.
Did your daughter not know the bother did not get insurance? If not, I'd tell the brother to pay the daughter the $500.
If your daughter was at fault in the accident she needs to report the accident to her carrier and see if they will extend coverage.
Posted: Fri Sep 28, 2012 03:38 pm Post Subject:
The police officer fined her $500.00 because there was no insurance coverage on the car.
Only the court has the power to levy a fine. The police officer issued a citation for the offense.
Uninsured motorist coverage is not a substitute for first-party insurance. It only covers damages iof an insured n excess of a third person's insurance limits or to pay damages to an injured person in the event the third party has no insurance at all.
While the owner of a vehicle may be required to have insurance, that may not prevent the driver of that vehicle from being cited. In all probability, the court will dismiss the action against your daughter for lack of jurisdiction. It will not prevent the state from taking action against the vehicle owner for failure to provide insurance.
Your daughter's liability insurance (assuming she has that coverage) will pay for any damages that were the result of her negligent driving activities not covered by other insurance.
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