Pennsylvania: failure to maintain insurance

[KommanderKong]

My car broke down. I took it to a garage and we debated if it was just time to scrap it. So I told him to hold it there while I decide. So i cancelled my insurance. But three weeks later he was able to fix it within my budget. I called and got a new policy for the car through the same insurance company. Went to garage and picked it up and got on with life.

Fast forward 1.5-2 months, I get a letter from Penndot saying i must surrender my license plate and registration for three months for failing to maintain insurance on my vehicle. I researched it, and people on the internet [i know lol, but its my only source of info] said that Penndot will send you a letter asking you to sign under oath that you didn't drive the car without insurance and that you have insurance now, and provide your new insurance policy number. I NEVER RECEIVED A LETTER. I followed the appeal instructions, went to my local county courthouse and explained all of this in the appeal including my new insurance policy number which was dated within three weeks of the cancellation of my original policy. I signed the appeal swearing i did not drive my car while it was in the garage shop. The appeal alone cost 120 dollars!

I received the appeal response from the courthouse, saying my court date is February 28th. It lists me as the plaintiff against the Dept of Motor Vehicles. I really have no idea what to do on my court date. Do i just go in and explain what happened? Will that be enough? Or do i need fancy legal terms? I truly cannot afford to not be able to drive. Ill lose my job. My court date is in 23 days, any advice on what i should do would be greatly appreciated.

[AFFA]

Re: Pennsylvania: failure to maintain insurance

I wish to inform you that under the provisions of Section 1786 there is a fine of $300 and additional penalty of 3 month suspension of vehicle registration. However, there is a suspension of 3 months only if the owner operated or permitted operation of a non-insured vehicle. You may provide evidence from the garage that your vehicle was not operated during the period it was not covered by insurance. The burden of proof then will be on the other party to show operation of the non-insured vehicle. The Court will consider all the facts and decide the matter.

AFF

[Unregistered]

Re: Pennsylvania: failure to maintain insurance

NFAA

Thank you very much for the response. I went ahead and googled that specific law and saw this with it.

(i) The owner or registrant proves to the satisfaction of the department that the lapse in financial responsibility coverage was for a period of less than 31 days and that the owner or registrant did not operate or permit the operation of the vehicle during the period of lapse in financial responsibility.

Since my new insurance was active within 3 weeks of my old ones cancellation, less than the 31 days stated above. Is it possible to just get it thrown out altogether?

[Disagreeable]

Re: Pennsylvania: failure to maintain insurance

Read this, you need to supply an affidavit.

http://www.dmv.state.pa.us/pdotforms/fact_sheets/fs-inla.pdf

http://www.dmv.state.pa.us/pdotforms/mv_forms/mv-221.pdf

[sandyclaus]

Re: Pennsylvania: failure to maintain insurance

Have you moved since your license/registration was issued. If so, did you file the required change of address with PennDOT?

This letter you're claiming you never received may have been mailed to the last known address on your license/registration. If you never filed the change of address with PennDOT, then that would explain why you never received it. If you filed a change of address/forwarding order with the post office, there are some mail items which are not covered under a forwarding order - and documents with the vehicle licensing authority are often one of those items.

If the above situation fits, then you can't fault PennDOT for not sending you that letter. It's YOUR responsibility - and the law - to keep them updated with your current address.

[KommanderKong]

Re: Pennsylvania: failure to maintain insurance

Disagree
thank you for those forms, I will print them out and fill them out, and take them with me to court.

Sandy
The truth is i suspect my sister of throwing my mail out. I come from a pretty white trash family. But i also did move after a falling out with my family. I did change my address as soon as i could once i moved. I received the 'failure to maintain insurance' letter to my new address, but did not receive anything before that. I haven't spoke to my family since and honestly have no idea if they got that letter or not.
I don't understand how me failing to fill out a form i never got changes anything though. I signed the appeal stating i did not drive the car. And I will fill out the above forms that 'disagree' has linked me too. My insurance lapse was less than the one month limit. This whole situation is very frustrating.

[Lexus]

Re: Pennsylvania: failure to maintain insurance

Insurance Company has only asked about that, you haven’t driven the vehicle for 3 months, without insurance. You can do that by providing evidence from the garage that your vehicle was not operated during the period it was not covered by insurance. After that it is their burden to prove that the vehicle was operated during the time. Please seek expert attorney’s advice.

[KommanderKong]

Re: Pennsylvania: failure to maintain insurance

One last thought, If the judge rules in favor of the dmv, does the suspension take effect immediately? Should I get a ride there? Or is there a grace period that I can drive home?

[goddessoflubboc]

Re: Pennsylvania: failure to maintain insurance

It would be immediate so yes, you should have a ride lined up.

[KommanderKong]

Re: Pennsylvania: failure to maintain insurance

APPEAL WAS ACCEPTED

I want to thank everyone who gave me advice and answers. I'm happy to tell you all that the Penndot representative and I reached a resolution. By simply testifying under oath that I did not operate the vehicle during the uninsured period and by providing an insurance document showing the policy was active within 30 days of my old policies cancellation, my appeal was accepted by the penndot representative.

I printed out the pdf files above for the 'statement of non-use' and filled them out, but the representative did not even require them.

I am very happy, this will save me many a headache. Thank you all again for your help.

[Disagreeable]

Re: Pennsylvania: failure to maintain insurance

Congrats. It is nice to see that the good guys don't always get chewed up by the system.

[Unregistered]

Does the MV-221 need to be notarized?

[adjusterjack]

Re: Pennsylvania: failure to maintain insurance

Instead of resurrecting a 4 year old thread all you had to do was look at the form to see that there is no space for a notary. Duh.

http://www.dot.state.pa.us/Public/DVSPubsForms/BMV/BMV%20Forms/mv-221.pdf