So How Do We Get Round This
The car could of course be insured by someone else, who was older and had a good driving record, and you could be a named driver on the policy. If you genuinely use the car for only a small proportion of the time that it is on the road, and the other driver uses it regularly, this is all well and good but if in fact you drove it regularly and the other person drove it rarely are not at all, then your insurance would be invalid. Not only would you be facing a possible criminal charge of attempting to defraud the insurance company, but the other driver could face a charge too, of allowing a vehicle to be on the road without insurance the usual penalty for this is a fine of about £200 and six penalty points on that drivers licence. Insurance companies are well aware of this trick, which is called ‘fronting’, and if they have any doubts at all about the validity of ‘named driver’ cover they can make very extensive checks. If the named driver had an accident for which he or she was deemed responsible, many insurers would carry out a check automatically, and if they found that the policy conditions had not been carried out to the letter the claim would likely be refused.
What Happens When Police Officers Violate The Law
Occasionally, an officer stops a driver for a minor traffic violation and then goes beyond the legal limits to investigate the situation. In these cases, the driver becomes a victim of the officers abuse of power.
If this happens to you, you can often pursue legal action or file a civil suit against the officer, the police department, the city or even the state.
Not every police officer performing a traffic stop, vehicle search or other investigation is worth going to court over. But if you feel that you are the victim of an especially bad stop in which a law enforcement officer acted unreasonably or crossed a line, consult with a lawyer to see what your options are.
A major lawsuit and win in a traffic assault
A well-publicized case of a traffic stop that severely violated a drivers rights involved a driver who was stopped by police for failing to heed a stop sign. One of the officers ordered the driver out of the vehicle on the suspicion that he was hiding drugs on his body.
Based on that suspicion, officers obtained a search warrant and took the driver to a medical center, where he received invasive bodily searches throughout the night all of which failed to find any drugs. He was released in the morning, after police concluded they had nothing to charge him with.
As a result of his serious invasion of privacy and emotional stress, the driver filed a civil suit against the police department that was eventually settled for $1.6 million in the victims favor.
Police Can Now See If You Have Insurance Before They Even Pull You Over
MICHIGAN — It’s something every driver should have on them when they get behind the wheel and it’s one of the first things police look for if you happen to get stopped.
But now, some existing technology is providing a new tool that’s being used by Michigan State Police and other agencies across the state giving officers the upper hand to determine if you’re driving without insurance.
Officers can run a driver’s license plate through their in-car computer systems to access the information which began to be available last September.
Insurance companies are now required to send information to the Secretary of State’s office twice a month, on the 1st and 15th, making that information readily available through the statewide Law Enforcement Information Network, or LEIN.
Its now linked to the license plate for that car so when were on a traffic stop and we run that persons license plate then it will come back either that they have insurance or dont,” said F/Lt. Chris McIntire with the Michigan State Police Rockford Post.
McIntire said state law still requires drivers to carry proof of insurance in their vehicles.
While the information might be more readily available, it doesn’t mean officers will be specifically targeting drivers for just this reason, McIntire said.
Not having insurance for your vehicle is considered a secondary violation which means police technically can’t pull a driver over just for that offense, according to McIntire.
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Is It Okay If My Car Insurance Carrier Finds Out About My Car Accidents
Many companies offer accident forgiveness in many cases. This is an incentive for your business.
Therefore, if you have a fender bender or minor accident with minor injuries, your carrier may consider this accident to be forgiven.
On the other hand, if the accident results in major injuries or happens because of a DUI, your carrier may not be as forgiving.
You may have to pay the consequences for this one.
Your first concern is going to be the likelihood of license suspension in either case. License suspension will depend on the state where the accident occurred and where your car is registered.
Since each state establishes its own laws regarding traffic violations, the state will be a determining factor. However, the outcome can be easy to predict since many state laws are similar.
For instance, if you live in a no-fault insurance state, it does not matter who is at fault in an accident. Each insurance carrier pays for his or her subscribers medical expenses and damages according to the terms of the policy.
If the event happens in a state where liability exists, there may be an increase because of the expenses to the insurer. The amount of the increase may hinge on the state also. The state has a set standard of how much a company may raise your premiums.
How Do Police Know If A Car Is Uninsured
If you get involved in a car accident or get pulled over by the police, it doesnt take a seasoned detective to find out if you lack car insurance. Here a few ways the police know if a car is uninsured:
- You dont have active insurance registered with the department of motor vehicles . Insurers in many states are required to report active insurance policies to the DMV. Some police departments have access to DMV records from their patrol car and can determine if you have an active insurance policy.
- Automated license plate readers . Some states allow for the use of cameras mounted on police cars, road signs and traffic lights. For example, Oklahomas Uninsured Vehicle Enforcement Diversion uses photos of license plates and compares them to the Oklahoma Insurance Verification System in an effort to reduce uninsured drivers.
- The officer asks for your insurance ID card. Cops dont necessarily need to rely on technology. They can use this old school method: ask you for proof of insurance. This is typically a paper or digital document stored on a mobile app that has your information along with your insurance policy number and the effective dates.
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Do I Need Proof Of Insurance
Can police check my car insurance even if I present proof? When you buy car insurance, youre given proof of insurance that lasts either for a 6-month term or the entire 12-month term.
Your proof of insurance, which may also be referred to as an insurance ID card, shows that you have liability coverage in the state and gives instructions on the steps to take when you have a claim.
Since you already have the proof, its possible to have an ID card in your car for insurance thats already terminated.
You might think this can keep you safe if youre stopped by law enforcement, but new systems allow police to see if a drivers coverage is valid in real-time and meets at least state requirements.
How Do I Make A Car Insurance Claim
To help you make a successful claim, follow our car insurance checklist:
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Unless youre certain you were at fault, dont admit liability at the scene of an accident
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Make sure to exchange personal details with the other driver, including your name and address, phone number, car registration number, the make and model of the car and your insurance details
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Note the time, date and location of the accident and make a drawing of the accident if possible and include any photos you may have taken at the scene
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Complete all details on the claim form and provide extra details if required
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Provide the contact details of any witnesses to the accident
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Get a crime number from the police if the car insurance claim is as a result of a theft or vandalism, or you believe the accidentwas unlawful – such as suspected speeding or drunk driving or if the other driver is not insured
Once youve contacted your insurer you’ll usually be sent a form to complete try to give your insurer as much information as possible and provide all relevant documents when making a car insurance claim.
Notify your insurer even if its only a minor accident failure to do this could invalidate your car insurance.
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When Can Police Search My Vehicle
If an officer has a warrant to search your vehicle, you dont have a choice youre legally required to allow them to.
But in several situations, police are allowed to search your vehicle even without a warrant. And youre responsible for anything found in your car during a search, even if you dont agree with the cause for the search.
Police must have probable cause to take a closer look at you or your vehicle, which means they must have a reason to believe youre connected with a crime. Probable cause, however, is broad. It could be something as minor as an air freshener, for example many states technically prohibit hanging anything from your rearview mirror if it can possibly hinder your view of the road ahead. Or maybe the officer who pulls you over suspects you were speeding because you had been drinking and wants to search your car for signs of alcohol.
When could a cop be legally allowed to check my car?
A few common scenarios include:
What happens when a cop wants to search my car?
After officers demonstrate probable cause, they can investigate anything suspicious they see, hear or smell in your car. They can also do a body search or check your backpack or purse if they suspect youre hiding drugs or weapons, for both the driver and any passengers.
However, typically cops cant check anything locked, including a glovebox or a password-locked phone.
Can Law Enforcement Verify That You Have Active Car Insurance Coverage
Years ago, driving without insurance was not as risky as it is today. The only time that drivers would really have to worry about their choice would be if they were involved in an accident.
It was not out of the ordinary for someone with no insurance to carry around an ID card that was not actually valid to present as proof of insurance to police officers. Insurance companies and officers had no way of stopping someone from doing this. The insurance card would show when the policy binder was issued and approximately how long it was supposed to be active. But the card would look exactly the same if you cancelled early.
For months, an uninsured driver could pose as if they were insured without being questioned.
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Driving Without Insurance Is A Secondary Violation In Most States
In most states, a police officer cannot pull you over for not having insurance. In most states, driving uninsured is a secondary violation. That means police officers can ticket you for not having insurance, but they cannot pull you over primarily because you had no insurance.
If you are pulled over for speeding, for example, and the police officer finds you have no insurance, then you will receive a ticket for speeding and driving without insurance.
If you drive past a police officer at a normal speed limit, however, and have no insurance, and the officer runs your plate and finds you are uninsured, then the police officer cannot pull you over . As a secondary violation, driving uninsured cannot be the primary reason to pull you over in most states.
What Happens If You Get Pulled Over Without Insurance
If youre caught driving without valid auto insurance, you could find yourself facing harsh penalties. The amount youll need to pay varies from state to state. Other possible outcomes of driving without car insurance include exorbitant tickets fees, license suspension, license reinstatement fees, having your vehicle impounded, and even jail time. Heres how some states deal with uninsured drivers:
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Finding The Best Car Insurance Coverage
Regardless of whether you have reported car crashes to your present insurer, the time will come when you need to find prices on car insurance coverage.
If you are looking for a new policy and want good coverage at a good price, the best way to get it is to shop around carefully and compare what is available. The quickest and easiest way to get a variety of quotes from companies serving your area is to use our online quote tool.
Enter your ZIP code below to access car insurance rates from multiple companies today!
You Have The Right To Look At Any Search Warrants
If the cops ever show up at your house and claim to have a search warrant, you can exercise your right to actually read said warrant. “You’re welcome to read at your leisure,” Christopher Hawk, a retired member of the police force, noted on Quora. “If the warrant turns out to be defective, you have remedies available through the court system. Evidence can be thrown out, civil suits can be brought against the department, etc.” Just bear in mind that the police don’t have to wait for you to read the warrant before entering your home.
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What To Do After An Accident
Check for injuries and call 911 after an accident.
Tell the dispatcher your location with a description of any landmarks if you or anyone else is injured, feeling sick, or trapped in the wreckage or if there are any immediate dangers, like leaking fuel or downed power lines.
While waiting for emergency responders, pay attention to whats going on around you. You can provide valuable information to help the officers investigation by reporting your observations.
Look and listen for:
- How many occupants are in the other car, if they switch seats or anyone leaves the scene
- Statements from the driver or occupants of the other car, such as I really screwed up this time or I told you to slow down!
- Anything being tossed out of the other car, including paper bags, bottles, or anything else that could be evidence of drugs or alcohol
- Attitudes and behavior of the driver, like arguing, cursing, stumbling, or other erratic actions
- If the vehicle or any debris from the accident is moved
Police officers are trained in vehicle accident investigations. Once they secure the scene, officers will investigate the accident and its causes. Police dont normally create their official accident report at the scene. They use a worksheet, then later prepare and file the official report.
The Police Aren’t Required To Read You Your Rights If You Aren’t Being Detained
The Miranda rightsthat is to say, the rights that police officers are obligated to read when they arrest someoneonly apply to custodial interrogations, or interrogations that happen while someone is in police custody. When it comes to non-custodial interrogations that people give of their own free will, the police are not legally required to read the Miranda rightsand as such, anything a person says during an optional questioning can be used against them in court.
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What Happens If You Get Caught Driving Without Insurance
If you are caught driving without insurance, you can face fines, license suspension, registration suspension and even jail time. Be sure to find an insurance policy right away if you own a car and are currently uninsured. Coverage can be expensive, but a lapse in coverage can be more expensive in the long run.
Your Rights As A Driver Or Passenger
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Why Is It Illegal To Drive Without Car Insurance
Federal law requires drivers to have car insurance to ensure that the interests of pedestrians and other motorists are protected if an accident occurs. The cost of a car crash can be quite devastating, and if you dont have car insurance, you and other parties involved can be ruined financially. If you are at fault in an accident and have insurance, your insurance provider will cover the claims of the person you hit. If you dont have valid car insurance, youll have to pay for the other persons hospital bills, car repairs, and other losses from your pocket. If you fail to do that, you run the risk of getting sued. This is on top of the payments for injuries you have sustained and the repairs on your car. To avoid all these issues, make sure you have valid car insurance.