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My policy is current but I showed expired card

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  • 11-15-2006, 02:35 PM
    cop_ticket_me
    My policy is current but I showed expired card
    The insurance card I showed the officer had my current policy number. The card had dates that were expired. However the policy was and still is current. I had several cards in the glove box and offered to find the card with more current dates just as the officer started to walk away. According to the state law for washington I must show the issued insurance card or the renewed card. Did I show proof of insurance. The court charges a $25 fee if I can prove I had insurance (easy case). But why pay the $25 when I can prove that I provided adequate proof.

    c) When asked to do so by a law enforcement officer, failure to display an insurance identification card as specified under RCW 46.30.030 creates a presumption that the person does not have motor vehicle insurance.

    RCW 46.30.030
    Insurance identification card.


    (1) Whenever an insurance company issues or renews a motor vehicle liability insurance policy, the company shall provide the policyholder with an identification card as specified by the department of licensing. At the policyholder's request, the insurer shall provide the policyholder a card for each vehicle covered under the policy.



    According to rcw:

    Adequate proof of insurance may be in the form of a letter from the insurance company, proof of insurance card, or copy of your policy, but it must include the following information:

    The name of the individual listed on the infraction
    The make and model of the vehicle listed on the infraction
    The effective dates of the auto insurance policy
    The name of the insurance company
    A broad form policy which states that you have valid vehicle liability
    insurance
  • 11-15-2006, 03:04 PM
    seniorjudge
    Re: My policy is current but I showed expired card
    What was your question?
  • 11-15-2006, 03:20 PM
    Happy Trails
    Re: My policy is current but I showed expired card
    I would suggest you do this:

    From: http://apps.leg.wa.gov/RCW/default.aspx?cite=46.30.020

    Quote:

    ..... (2).....(1) of this section may, before the date scheduled for the person's appearance before the court or violations bureau, submit by mail to the court or violations bureau written evidence that at the time the person was cited, he or she was in compliance with the financial responsibility requirements of subsection (1) of this section, in which case the citation shall be dismissed without cost, except that the court or violations bureau may assess court administrative costs of twenty-five dollars at the time of dismissal.
    However, you still MAY be assessed the $25, because you didn't show the card with the date that showed you were currently insured, you are still causing them to have some admistrative costs.
  • 11-15-2006, 04:08 PM
    cop_ticket_me
    Re: My policy is current but I showed expired card
    The question is did I show proof of insurance? The words in the rcw do not state that I must show current dates... just dates for the issued card. The policy number was current on the card. Why pay $25 bucks hen I could get it dismissed. Also on the same ticket I have a moving violation which I will contest.


    Nothing in rcw states that the dates should be current.
  • 11-15-2006, 04:15 PM
    aaron
    Re: My policy is current but I showed expired card
    You didn't show proof of insurance. You showed a certificate which showed the car to have previously been insured. Further, if you read the statute, it does not say "a certificate with this information is enough to constitute proof of insurance", but instead provides a non-exhaustive list of items which the legislature requires to appear on an insurance card.
  • 11-15-2006, 04:31 PM
    cop_ticket_me
    Re: My policy is current but I showed expired card
    Quote:

    Quoting aaron
    View Post
    You didn't show proof of insurance. You showed a certificate which showed the car to have previously been insured. Further, if you read the statute, it does not say "a certificate with this information is enough to constitute proof of insurance", but instead provides a non-exhaustive list of items which the legislature requires to appear on an insurance card.

    How ever I did show an insurance card as specified under RCW 46.30.030.

    According to the statue the Insurance identification card is additionally defined as "Whenever an insurance company issues or renews a motor vehicle liability insurance policy". The card I presented was the issued card thus this was my proof of insurance.
  • 11-15-2006, 04:42 PM
    Happy Trails
    Re: My policy is current but I showed expired card
    Quote:

    Quoting cop_ticket_me
    View Post
    How ever I did show an insurance card as specified under RCW 46.30.030.

    According to the statue the Insurance identification card is additionally defined as "Whenever an insurance company issues or renews a motor vehicle liability insurance policy". The card I presented was the issued card thus this was my proof of insurance.


    Being that the dates on your card were not current the statute states that it would be presumed that you are not insured. Then you are offered a remedy to show proof. However, an expired card does NOT show proof.
  • 11-15-2006, 04:47 PM
    cop_ticket_me
    Re: My policy is current but I showed expired card
    Quote:

    Quoting Happy Trails
    View Post
    Being that the dates on your card were not current the statute states that it would be presumed that you are not insured. Then you are offered a remedy to show proof. However, an expired card does NOT show proof.

    The rcw states that "failure to display an insurance identification card as specified under RCW 46.30.030 creates a presumption ". I displayed a insurance card as specified under rcw 46.30.030.

    Where in rcw does it state that the dates must be current? Besides the policy number was/is current.

    I does state that I "provide evidence of financial responsibility or insurance as is required by the laws of the state in which the vehicle is registered." The insurance card I presented meet the requirments for rcw 46.30.030.
  • 11-15-2006, 05:03 PM
    Happy Trails
    Re: My policy is current but I showed expired card
    Quote:

    Quoting cop_ticket_me
    View Post
    The rcw states that "failure to display an insurance identification card as specified under RCW 46.30.030 creates a presumption ". I displayed a insurance card as specified under rcw 46.30.030.

    Where in rcw does it state that the dates must be current? Besides the policy number was/is current.

    I does state that I "provide evidence of financial responsibility or insurance as is required by the laws of the state in which the vehicle is registered." The insurance card I presented meet the requirments for rcw 46.30.030.

    The statute states that the Department of Licensing adopts rules specifying the guidelines......

    Then when you go there it states:

    Quote:

    Insurance identification card
    Whenever an insurance company issues or renews an auto insurance policy, the company provides the policy holder with an identification card that must include ALL of the following:

    The name of the insurance company.
    The policy number.
    The effective date of the policy.
    The expiration date of the policy.
    A description of the year, make, or model of the insured vehicles, or the name of the insured driver (for over 5 vehicles under common ownership, the word “fleet” may appear).
    Your card showed that your insurance had lapsed, that it why it wasn't sufficient proof.
  • 11-15-2006, 05:05 PM
    Mr. Knowitall
    Re: My policy is current but I showed expired card
    This is perhaps the most stubborn line of inquiry I recall, and there have been some doozies here. A stubborn refusal to acknowledge the obvious is not a virtue. If you want to delude yourself that an expired insurance card shows that you have current coverage, by all means, argue that to the judge.
  • 11-15-2006, 05:11 PM
    cop_ticket_me
    Re: My policy is current but I showed expired card
    Quote:

    Quoting Mr. Knowitall
    View Post
    This is perhaps the most stubborn line of inquiry I recall, and there have been some doozies here. A stubborn refusal to acknowledge the obvious is not a virtue. If you want to delude yourself that an expired insurance card shows that you have current coverage, by all means, argue that to the judge.

    Thank you I'll take that under consideration. How ever the card showed a current policy number.
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