Ticket for No Insurance Due To Lack of Expiration Date on Insurance Card

[MalibuMafiaV]

My question involves a traffic citation from the state of: California

The officer asked for my insurance, registration etc etc. I showed it to him and he came back saying I have no insurance I laughed and he asked me what was funny and he said there's no expiration date on my insurance card. I replied there doesn't need to be a expiration date when the insurance is in effect which is true in any other insurance for house, health etc.. Unless I call and cancel my insurance then they send you a new card with an expiration date. I had insurance the entire time this was going on so the question is how do I fight it?
Forgot to mention. I also got a window tint fix it ticket. When my windows weren't even up and were completly rolled down. So I suppose the cop has xray vision? am I also able to fight this? even if my windows are infact tinted.

[blewis]

I replied there doesn't need to be a expiration date when the insurance is in effect which is true in any other insurance for house, health etc.. Unless I call and cancel my insurance then they send you a new card with an expiration date.

That flies in the face of logic -- why would you EVER use the "new" card? And what if you don't pay the premiums or they cancel you for some other reason? I'm sorry, but I have a hard time believing you....

Regardless of my personal beliefs, however, it appears that there DOES need to be an expiration date on your insurance card (unless you've qualified for one of the exceptions). It tracks like this: CVC 16028 requires you to produce "proof" of insurance -- which must be consistent with CVC 16020. Section 16020 says that the proof must comply with CVC 4000.37 which states:

(1) For vehicles covered by private passenger automobile liability policies and having coverage as described in subdivisions (a) and (b) of Section 660 of the Insurance Code, or policies and coverages for private passenger automobile policies as described in subdivisions (a) and (b) of that section and issued by an automobile assigned risk plan, the form shall include all of the following:

(A) The primary name of the insured covered by the policy or the vehicle owner, or both.

(B) The year, make, and vehicle identification number of the vehicle.

(C) The name, the National Association of Insurance Commissioners (NAIC) number, and the address of the insurance company or surety company providing a policy or bond for the vehicle.

(D) The policy or bond number, and the effective date and expiration date of that policy or bond....

So, it appears to me that your insurance company has issued a card which is NOT in compliance with CA State Law -- which also flies in the face of logic.

I'm not an expert in CA law, but that's how I read it.

Barry

[MalibuMafiaV]

That flies in the face of logic -- why would you EVER use the "new" card? And what if you don't pay the premiums or they cancel you for some other reason? I'm sorry, but I have a hard time believing you....

Regardless of my personal beliefs, however, it appears that there DOES need to be an expiration date on your insurance card (unless you've qualified for one of the exceptions). It tracks like this: CVC 16028 requires you to produce "proof" of insurance -- which must be consistent with CVC 16020. Section 16020 says that the proof must comply with CVC 4000.37 which states:So, it appears to me that your insurance company has issued a card which is NOT in compliance with CA State Law -- which also flies in the face of logic.

I'm not an expert in CA law, but that's how I read it.

Barry

So my insurance company just owned me? So now I get to call them and tell them they did somthing wrong and will bring them to court if they don't fix it and pay for my fix it ticket.

[blewis]

So my insurance company just owned me? So now I get to call them and tell them they did somthing wrong and will bring them to court if they don't fix it and pay for my fix it ticket.

"Just owned me"? I'm not familiar with that expression. Basically, though, you need to read CVC 16028 (e) which says:

(e) A person issued a notice to appear for a violation of subdivision (a) may personally appear before the clerk of the court, as designated in the notice to appear, and provide written evidence of financial responsibility in a form consistent with Section 16020, showing that the driver was in compliance with that section at the time the notice to appear for violating subdivision (a) was issued. In lieu of the personal appearance, the person may submit by mail to the court written evidence of having had financial responsibility at the time the notice to appear was issued. Upon receipt by the clerk of that written evidence of financial responsibility in a form consistent with Section 16020, further proceedings on the notice to appear for the violation of subdivision (a) shall be dismissed.

Basically, you need to produce proof of insurance -- valid at the time of the infraction -- that complies with the law. Then the citation will be dismissed. I know WA charges a $25 admin fee, but I don't know about CA.

Barry

[MalibuMafiaV]

"Just owned me"? I'm not familiar with that expression. Basically, though, you need to read CVC 16028 (e) which says:Basically, you need to produce proof of insurance -- valid at the time of the infraction -- that complies with the law. Then the citation will be dismissed. I know WA charges a $25 admin fee, but I don't know about CA.

Barry

Thanks Barry, the fee here is $10s and I called my insurance and the DMV and figured it out thanks again for the information and help. Happy holidays.

[duffy]

That flies in the face of logic -- why would you EVER use the "new" card? And what if you don't pay the premiums or they cancel you for some other reason? I'm sorry, but I have a hard time believing you....

Regardless of my personal beliefs, however, it appears that there DOES need to be an expiration date on your insurance card (unless you've qualified for one of the exceptions). It tracks like this: CVC 16028 requires you to produce "proof" of insurance -- which must be consistent with CVC 16020. Section 16020 says that the proof must comply with CVC 4000.37 which states:So, it appears to me that your insurance company has issued a card which is NOT in compliance with CA State Law -- which also flies in the face of logic.

I'm not an expert in CA law, but that's how I read it.

Barry

Every insurance card I've ever had showed an expiration date some six months from the time I received it. And I could cancel my policy at any time in the interim. So an expiration date on a policy that can still be cancelled prior to the exp date doesn't constitute proof of insurance.

So my insurance company just owned me? So now I get to call them and tell them they did somthing wrong and will bring them to court if they don't fix it and pay for my fix it ticket.

You should be able to get the court to dismiss the charges once you provide a note from your insurance company showing that you were insured at the time.

"Just owned me"? I'm not familiar with that expression. Basically, though, you need to read CVC 16028 (e) which says:Basically, you need to produce proof of insurance -- valid at the time of the infraction -- that complies with the law. Then the citation will be dismissed. I know WA charges a $25 admin fee, but I don't know about CA.

Barry

Barry, I know of no insurance company that will provide their insured proof of insurance. Think about it. If all you get is a little card that shows an expiration date that is beyond the date it can be cancelled, then the card means nothing.

[blewis]

If the law allows that the ID card sent to you by your insurance company can be used as "proof", then YOUR PERSONAL OPINION does not matter. Yes, I agree that there is NO WAY to prove that your insurance in still in force, short of the officer contacting your insurance carrier -- on the spot -- and asking them. However, you are only required to carry a form which complies with CVC 4000.37.

And why in the world would you bump a thread that's almost a year old? Your other two posts weren't enough?

So, now you've posted this same opinion THREE times. Maybe that will be enough.

Barry

[duffy]

If the law allows that the ID card sent to you by your insurance company can be used as "proof", then YOUR PERSONAL OPINION does not matter. Yes, I agree that there is NO WAY to prove that your insurance in still in force, short of the officer contacting your insurance carrier -- on the spot -- and asking them. However, you are only required to carry a form which complies with CVC 4000.37.

Thanks for referring me to CVC 4000.37. While that's helpful, I don't see where CVC 16028 refers to it.

Also, in what way is the penalty different for failure to have insurance & failure to provide proof (or an insurance card) of insurance?

And why in the world would you bump a thread that's almost a year old? Your other two posts weren't enough?

1) It's not a bump. Just looking for topics on this subject.
2) I'm new to this message board and from looking at the typical number of responses to threads, I thought I'd post it in two separate areas. My post here is merely a response to existing posts and not a thread starter.

[blewis]

Thanks for referring me to CVC 4000.37. While that's helpful, I don't see where CVC 16028 refers to it.

Wow! You resurrect a thread that's almost a year old -- AND YOU DON'T EVEN BOTHER TO READ IT. If you had you would have seen my earlier post that stated:

It tracks like this: CVC 16028 requires you to produce "proof" of insurance -- which must be consistent with CVC 16020. Section 16020 says that the proof must comply with CVC 4000.37 which states....

Also, in what way is the penalty different for failure to have insurance & failure to provide proof (or an insurance card) of insurance?

There is NO difference at the time the Notice of Infraction is issued. However, if you subsequently provide "proof" that you did, indeed, have insurance -- but you just lacked the proof -- the infraction is dismissed for a small "administrative fee".

1) It's not a bump. Just looking for topics on this subject.

Looking for topics, but unwilling to read them when you find them. You just want to rant -- about nothing. I'm done.

Barry