Cited for not showing proof of insurance

[fraidknot]

I have a car that I did not drive very often so I never bothered to insure it. I then decided to use the car daily and on the first night that I needed to drive it I purchased a liability coverage policy for it through Progressive and then drove it to work for the night. On my way home I was pulled over for having a tail light that was out and also cited for not having proof of insurance. After signing the promise to appear, I stopped at a 24 hour Walmart and bought a new bulb for my taillight and then called my insurance company the following morning. They informed me that because I purchased my policy after normal business hours online that my policy wasn't actually active at the time that I recieved the citation, but was considered active at 12:01AM that morning.

My promise to appear date is approaching and I was wondering if I should just go to court and explain my situation and hope for a fine reduction, or should I plead not guilty and hope the officer doesn't show up to the next court date. I was under the impression that I was insured, but obviously ignorance isn't a free pass for breaking the law.

 

[Scooterdog]

Here's what I would do:

If you have proof of payment(date), take that in, and proof of insurance. Plead not guilty. Tell the judge you have proof of insurance.(Just 'forget' to mention that the insurance had not went into effect yet.) He/she may dismiss it right there.

NEVER try to explain, or talk common sense in court. The court follows procedure and law and that's how decisions are made. You would damn yourself if you tried to explain this.

 

[kevinaz06]

proof of insurance

Scooter is exactly right. Take in the receipt for your payment for proof.
An insurance company should upload the policy to the company right after they recieve your payment. Find out what time you made that payment and what time they uploaded the policy to the company. Request an explanation of the gap in time between the two. It sounds like you might have purchased your policy online, ask what the advantage is if they are not going to put policies in force until the next day.
Claims adjusters always have to find out if coverage exists, and sometimes people go and buy their policy, walk out and get into an accident. That is why the agent has to upload immediatly. There is a record showing what time the payment was recieved, policy was in force. Check it out.

 

[fraidknot]

My policy was indeed purchased online. I have an online bank statement that shows that my payment was posted on the 29th, but wasn't processed by my bank until the 30th and the Progressive insurance website also shows that my payment was posted on the 29th. I recieved my citation on the evening of the 28th. My policy effective date was on the 29th according to my insurance card. Looks like I may be a bit out of luck...

Another thing, I had active insurance coverage through my motorcycle, does that count as being insured even if it isn't for the vehicle I was operating? Can I show the Judge my insurance card for my motorcycle? Would I benefit from showing the Judge both insurance cards, the one for the bike as well as the one for the car?

Nevermind on the motorcycle insurance card. I'm looking at the vehicle code which states "every person who drives a motor vehicle upon a highway shall provide evidence of financial responsibility for the vehicle that is in effect at the time the demand is made."

 

[kevinaz06]

My policy was indeed purchased online. I have an online bank statement that shows that my payment was posted on the 29th, but wasn't processed by my bank until the 30th and the Progressive insurance website also shows that my payment was posted on the 29th. I recieved my citation on the evening of the 28th. My policy effective date was on the 29th according to my insurance card. Looks like I may be a bit out of luck...

Another thing, I had active insurance coverage through my motorcycle, does that count as being insured even if it isn't for the vehicle I was operating? Can I show the Judge my insurance card for my motorcycle? Would I benefit from showing the Judge both insurance cards, the one for the bike as well as the one for the car?

Nevermind on the motorcycle insurance card. I'm looking at the vehicle code which states "every person who drives a motor vehicle upon a highway shall provide evidence of financial responsibility for the vehicle that is in effect at the time the demand is made."

When did you actually appy for the insurance coverage? If you can show that you applied for coverage before the citation, the judge might be nice enough to let it go.
The code that you are reffering to might not apply. Read your progressive policy and see what it says about a non-owned vehicle. I think it will read that if there is no insurance on that vehicle that your insurance becomes primary. This will not apply if you own the vehicle and do not have coverage on that vehicle, but you do on another owned covered vehicle.
Scooter, What do you think this guy should do? Say that he applied before the accident if he can prove he did and present only that information?

 

[fraidknot]

I applied for the coverage after getting to work that evening, but before getting the citation which was on my way home. I have been unsuccessful in finding timestamped proof of payment, only date stamped, which went through the day after the citation was issued.

Unfortunately my motorcycle wasn't insured by Progressive, and even if it was, it wouln't have been on the same policy since Progressive, and many other insurance companies, use a separate carrier to insure motorcycles.

 

[kevinaz06]

I would call progressive and request the time and date that the policy application went in, trust me, they have to know for the exact situation I described above. Call them and see if they will email, fax or regular mail the info. I think that if you can show that you applied for insurance before the citation that would be extremely helpful. I sent scooterdog a note to respond on what to present to the court.

 

[Scooterdog]

Did you get an email reciept that night? If you had that, then took your insurance card in, and tell them you just got it that day.

If you show your insurance card in court, and the judge believes you, it will prob. be dismissed. You could tell him since you had just gotten it, you simply forgot the card at home, but have a reciept for when I bought it. (the email should have come back before you got picked up.)