Question:
I was ticketed for being unable to find my insurance ID card when
stopped by police. Though I had proof in court that my auto
insurance was in force at the time of the citation, the judge found
me guilty after saying, "If you were involved in an accident, would
you have been able to produce your insurance card at the
scene? No." Shouldn't having valid insurance be enough?
Am I really guilty?
Answer:
You are guilty of failure to provide proof of insurance, but not of
driving without insurance
. These are two separate offenses in most states, with
failure to show proof of auto insurance a lot less serious than
bdriving without any car insurance coverage.
While some states (such as Arizona and Idaho) now allow
electronic proof of insurance to be shown on smartphones, most
states still require you to carry your actual insurance card with
you and provide it upon demand to police or at the scene of an
accident. If you are unable to do so you get ticketed. (See "
Proof of insurance: Paper or plastic?
")
The reason proof of insurance is required is for police to
verify that you have insurance and, as the judge pointed out,
for you to provide other motorists with this pertinent information
if you've been in an
auto accident
.
In some states, the law permits dismissal if you provide the
court with proof of valid insurance for the date of the citation.
You would owe only administrative fees; for instance, it's a $25
fee in California. In other states, it's up to the discretion of
the court to decide to dismiss the charge or find you guilty and
fine you for not carrying your insurance card with you.
Typically, failure to provide proof of insurance doesn't go on
your driving record or receive DMV points. However, if your
state does place it on your record, then there is a chance your
car insurance rates
could be affected.
Some insurers look at this type of offense as an "administrative
violation" (similar to if you received a seat belt ticket) and will
raise your rates a little. Many insurers will instead let one
minor ticket slide; however, it could be enough for you to lose
your safe driver discount with some insurers. (See "Tickets that
don't raise your insurance rates")
In comparison, driving without insurance is rather serious and
can result in the state penalizing you with large fines, license
and registration suspension and even jail time.
After a conviction of operating an uninsured vehicle, there can
be reinstatement fees and many states require you to carry a SR-22.
The loss of your license and the actual lapse in insurance would
cause your auto insurance rates to rise.
Chalk this conviction for being without your insurance card up
as a lesson learned and remember in the future to keep it readily
available. If your rates do rise due to this offense, shop around
because there are other insurers that won't rate on such a minor
violation and will offer you cheaper rates.