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I was recently pulled over because an officer ran my plates…

Customer Question
Hi, I was recently...

Hi, I was recently pulled over because an officer ran my plates and it came back that my registration was revoked due to lack of auto insurance. I had just moved to the state in August and registered my vehicle at that time with a new insurance policy, paid in full for six months and have had no lapse in coverage at anytime. My insurance company has verified this, but I’m waiting on a complete answer from them or the RMV what the root cause was between them and the insurance company. I tend to believe it was negligence on the insurance companies side since they have had repeated data issues on my account. However, my car was, and is currently impounded, I was left stranded, my truck is accruing storage charges (and I cannot retrieve my vehicle until the RMV straightens this out on their system), I was charged with two criminal charges, and my life has come under tremendous hardship as a result. Do I have any recourse for the damages?

Lawyer's Assistant: Have you talked to an Indiana lawyer about this?

I’m in MA, but which kind of lawyer do I need? Traffic?

Lawyer's Assistant: What steps have you taken so far?

I’ve been on the phone several times with the insurance company. It’s apparent that they are not going to extend anything to rectify this besides a “I’m sorry this happened to you”. I’m getting incoherent excuses and the run around. I’m waiting until the RMV opens and I’m hoping to get them on the phone at the same time, so they can’t just blame each other to me.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I’m not sure, like what?

Submitted: 1 month ago.Category: Legal
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Answered in 1 hour by:
3/26/2018
Lawyer: Nisha Jones,
 replied 1 month ago
Nisha Jones
Category: Legal
Satisfied Customers: 2,598
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Lawyer: Nisha Jones,
 replied 1 month ago

I'm sorry to hear about your situation. Give me just a few minutes to finish typing up some information for you, thanks!

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Lawyer: Nisha Jones,
 replied 1 month ago

Are the criminal charges still pending?

If so, you should consider hiring a defense attorney to represent you in this matter.

If you can't afford a private attorney right now, then the court should assign you a public defender at your first court date.

That being said, if you can obtain physical evidence and documentation that you were actually supposed to have insurance coverage at the time you were ticketed -- then you should be able to get this dismissed.

Documentation that would suffice for example would be: receipts from your payments to the insurance companies, copies of confirmation of enrollment you received, or copies of your insurance cards.

With regards ***** ***** for the expenses this has cost you -- your impound fees, attorney fees, and other costs -- you can file a lawsuit against your insurance company for this.

Once your criminal case is cleared, you should contact a civil lawyer to discuss the potential of a civil suit for negligence.

The insurance company had a duty to you to properly process your paperwork, but apparently breached that duty some way, resulting in these damages you've suffered -- those are sufficient grounds for a negligence lawsuit.

Unfortunately the impound lot most likely will not release your car to you until you can present proof of insurance or proof of the successful closure of your case.

You can contact the Massachusetts State Bar Lawyer Referral Service for a referral to a criminal defense and/or civil attorney in your area.

The phone number is:

(866) MASS-LRS

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 30 days ago
First off, thank you very much for this information.And to follow up, I contacted my insurance again and got to the bottom of the issue. They admit fault in that they did not notify the RMV of insurance coverage. They agreed to pay for the towing fees and associated RMV fees. They are filing a request with the RMV to apparently dismiss the charges that will take up to 72 hours. They refused to offer anything else in the way of car rental, reimbursement for any other related expenses or anything. They just gave me a RMV3 form to take to the RMV. So that’s more of my time and another day of missed work. Any recourse for this?
Lawyer: Nisha Jones,
 replied 30 days ago

Yes, you can and should still consider filing a lawsuit against the insurance company.

You have a strong case considering that they've admitted fault already and are taking (some) efforts to rectify it -- that helps establish their guilt in a civil suit, which would leave the only hurdle left to prove damages.

In your case the cost of a rental car, missed work, or any other legal fees or other expenses would be a reasonable request and should not be too difficult to obtain in a settlement from a civil suit.

I hope that helps! Let me know if you still have any questions about this.

Don't forget to rate so I can be credited for my time and help with your question, thanks!

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Customer reply replied 30 days ago
How about non-monetary damages? Mental anguish?
Lawyer: Nisha Jones,
 replied 30 days ago

It's definitely a possibility.

You'd want to discuss that with your civil attorney and see if it's a claim that can be included in your suit.

I hope this information has all been helpful!

Please kindly take a moment to rate so I can be credited for my time and help with your questions, 5 stars are always appreciated, thanks!

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Lawyer: Nisha Jones,
 replied 29 days ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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