Random Insurance Letter

My question involves traffic court in the State of: Ohio

Hi, I'm not sure if this is the right area. I tried to post in Suspened License area but kept booting me out for some reason.

Anyway my question is for my husband. He got one of those random insurance letters and he did not have insurance for the date they want proof for. We are sick over this! He is the only one working because we have a son with an Autism Spectrum Disorder. What is the procedure on this? Can he get work priveleges? He also runs a lot of errands for me because it hard to do so with my son with me all of the time. Plus he helps with errands on running the family farm. We are so scared and don't know what to expect. His license isnt susupened yet, we are still in the time frame of sending in proof.

Please Help!

Why was the vehicle not insured? If it was inoperable for at least 30 days prior to the date of the compliance check or is a seasonal vehicle - and you can prove it - it is considered exempt and you can avoid suspension that way.

If not...suspension is unfortunately required.

You can read more about random compliance checks here. Limited driving privileges may be granted (see Q3 here), but they are not guaranteed, and are dependent upon the driver's record.

It wasn't driven for about 5wks because it's been broke down. We are NOT using a mechanic to fix it or diagnose it. How do we prove that it has not been operable?

Sounds to me like you might get a freebie if this is your first time getting this letter, the first time you are unable to provide proof of coverage and the first time you are requesting relief.

The only issue is the fact that the statute is unclear as to how you can prove the vehicle in inoperable. However, nothing in the statute specifies how you can prove the vehicle is in operable. Therefore, a call to the registrar should give you some direction as to how to prove that. From there, you can apply subsection 4509.101.(L)(2) in requesting relief from the suspension.

Quote:

---

4509.101 Operating of motor vehicle without proof of financial responsibility.

(L)(1) The registrar may terminate any suspension imposed under this section and not require the owner to comply with divisions (A)(5)(a), (b), and (c) of this section if the registrar with or without a hearing determines that the owner of the vehicle has established by clear and convincing evidence that all of the following apply:

(a) The owner customarily maintains proof of financial responsibility.
(b) Proof of financial responsibility was not in effect for the vehicle on the date in question for one of the following reasons:

(i) The vehicle was inoperable.
(ii) The vehicle is operated only seasonally, and the date in question was outside the season of operation.
(iii) A person other than the vehicle owner or driver was at fault for the lapse of proof of financial responsibility through no fault of the owner or driver.
(iv) The lapse of proof of financial responsibility was caused by excusable neglect under circumstances that are not likely to recur and do not suggest a purpose to evade the requirements of this chapter.

(2) The registrar may grant an owner or driver relief for a reason specified in division (L)(1)(b)(i) or (ii) of this section whenever the owner or driver is randomly selected to verify the existence of proof of financial responsibility for such a vehicle. However, the registrar may grant an owner or driver relief for a reason specified in division (L)(1)(b)(iii) or (iv) of this section only if the owner or driver has not previously been granted relief under division (L)(1)(b)(iii) or (iv) of this section.

---

This all might tie into what LawResearcherMissy has posted although only the regulating authority will be able to tell you exactly.

Quote:

---

Quoting angie30

---

It wasn't driven for about 5wks because it's been broke down. We are NOT using a mechanic to fix it or diagnose it. How do we prove that it has not been operable?

---

Without a letter from a mechanic? You don't.

I live in Ohio myself. The state will not show you ANY leniency here. If the car is inoperable, you MUST have it in writing from a mechanic that it doesn't run and hasn't run for however long.

Ask around. Maybe a friend knows a mechanic who would be willing to write a letter for you. Check with your local high school vocational programs (fast, fast, school is out on Thursday here) to see if their auto program mechanics will do it. They will often examine your car and write the letter, as a busted up vehicle provides valuable experience for the students.

It might cost you $30 - $50, but that's far, far less expensive than the costs you'll incur trying to get a suspended license reinstated.

Quote:

---

Quoting LawResearcherMissy

---

Without a letter from a mechanic? You don't.

---

Why not? An affidavit from the OP should be just as good as one from a mechanic.

Quote:

---

If the car is inoperable, you MUST have it in writing from a mechanic that it doesn't run and hasn't run for however long.

---

Is this a state law? If so, what credentials must one possess to be a "mechanic"??

Quote:

---

Ask around. Maybe a friend knows a mechanic who would be willing to write a letter for you. Check with your local high school vocational programs (fast, fast, school is out on Thursday here) to see if their auto program mechanics will do it. They will often examine your car and write the letter, as a busted up vehicle provides valuable experience for the students.

It might cost you $30 - $50, but that's far, far less expensive than the costs you'll incur trying to get a suspended license reinstated.

---

Even if the OP did take the car to a mechanic, the mechanic could not state that the car was inoperable during the time covered by the insurance letter. Are you suggesting that the OP ask a mechanic to make a false statement in a legal document?

Quote:

---

Quoting angie30

---

It wasn't driven for about 5wks because it's been broke down. We are NOT using a mechanic to fix it or diagnose it. How do we prove that it has not been operable?

---

Here's another possible tack: When you called your insurance agent to suspend your insurance on the vehicle, did you tell your insurance agent why you were doing that? If your insurance agent remembers, he may be able to provide a letter backing up your story.

I'm assuming from your narrative that you have more than one vehicle, and thus won't be claiming that your car broke down at the same time your insurance bill was due, and you chose not to pay the bill at all.

Quote:

---

Quoting EWYLTJ

---

Why not? An affidavit from the OP should be just as good as one from a mechanic.

---

The statute doesn't require an affidavit, although notarization can't hurt (and may help). But let's be real. "I didn't carry insurance because my car broke down - please take my word for it" isn't likely to carry much weight with the BMV. The standard of proof is "clear and convincing evidence" - do you seriously think a "take my word for it" letter will meet that standard? If you have authority to that effect, please do share it.

Quote:

---

Quoting EWYLTJ

---

Even if the OP did take the car to a mechanic, the mechanic could not state that the car was inoperable during the time covered by the insurance letter. Are you suggesting that the OP ask a mechanic to make a false statement in a legal document?

---

Are we reading the same thing? I don't see any such suggestion.

There are signs that a vehicle has not been operated for a period of time, which can be noted by a mechanic. For example, especially if the vehicle was parked outside, the amount of rust on the brake rotors can indicate that it hasn't been operated for a period of time - as I'm sure you know, that rust gets scraped off when you drive and apply the brakes. If the mechanic's opinion based upon evidence such as that can be backed up by a letter from the insurance adjuster documenting the date the insurance coverage was put on hold due to the car's being inoperable, you're starting to build a case.

Quote:

---

The statute doesn't require an affidavit, although notarization can't hurt (and may help). But let's be real. "I didn't carry insurance because my car broke down - please take my word for it" isn't likely to carry much weight with the BMV. The standard of proof is "clear and convincing evidence" - do you seriously think a "take my word for it" letter will meet that standard?

---

I can tell you from personal experience that the BMV won't accept anything less than a letter on the mechanic's shop letterhead, or, if the vehicle was disabled in an accident, a copy of the crash report.

They prefer an ASE certified mechanic, but if they can verify that it's an actual shop and not your nephew faking a letterhead, they're usually satisfied. They're quite content to take letters from high school auto repair programs, as the instructor is usually ASE certified AND it takes zero effort to verify that it's a real shop.

Some years back, when our Taurus thought it would be great to blow its head gaskets, we were forced to wait a bit to repair it, so we had the insurance suspended. And in that time, got a random insurance check.

(Work transportation was not an issue, as we lived behind where hubby worked, and I work from home. So we waited.)

The BMV wanted a letter from a mechanic, providing details of his inspection of the vehicle, and attesting that it was not operable. They not only won't just take your word for it, they'll openly laugh at you if you suggest it.

The shop that had given us the repair estimate was more than happy to provide a detailed letter explaining when the vehicle was towed to their shop, what was wrong with it, and how long it had been sitting in their lot, awaiting repair.

Our OP obviously has to do a little more footwork for such a letter, as I get the impression that the disabled vehicle is still in the driveway, but as you note, a skilled mechanic can tell how long a vehicle has been sitting out, immobile, and can easily detail how he has drawn his conclusions. At this point, it seems to be a matter of just finding someone willing to make a house call.

Quote:

---

Quoting EWYLTJ

---

Are you suggesting that the OP ask a mechanic to make a false statement in a legal document?

---

Can you please show me where I said that? I seem to be unable to find it.

Quote:

---

Quoting aaron

---

The statute doesn't require an affidavit, although notarization can't hurt (and may help). But let's be real. "I didn't carry insurance because my car broke down - please take my word for it" isn't likely to carry much weight with the BMV. The standard of proof is "clear and convincing evidence" - do you seriously think a "take my word for it" letter will meet that standard? If you have authority to that effect, please do share it.

---

Clear and convicning is just a tad below "beyond a reasonable doubt".

I would think it is more in line with a preponderance.

Clear and convincing (substantially more likely than not) is a threshold that's (supposed to be) well above preponderance (more likely than not), although you're correct that it's below "beyond a reasonable doubt".