insurance insured wrong vehicle and now I am getting ticketed for no insurance

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insurance insured wrong vehicle and now I am getting ticketed for no insurance

Insurance company insured old vehicle I
don’t own instead of the current
vehicle I was driving that they were
suppose to ensure….now I’m getting a
ticket for no insurance is there any
way of fighting this ticket

Asked on April 13, 2016 under General Practice, South Dakota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The question is, who caused the error? If you told them to change over the insurance to the new car and they failed to do so, then you could likely use that as a defense to the ticket, at least if you can document (e.g. by emails or faxes) that you gave them the proper instructions; and you could also very possibly hold them liable for any costs or amounts you end up having to pay due to their error (if they won't pay voluntarily, you would sue the insurer and/or the agent--most likely both--for the money).
But if the fault is yours--if you never instructed them to change over the insurance to the new car--then you have to bear the consequences of your failure to provide insurance and would most likely not have any recourse.


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