Expert: Richard Hixenbaugh - 3/17/2009

Question
I have a hispanic friend who was pulled over by the police for a minor infraction (headlight out).  The police called her insurance company to verify insurance and the insurance company person who answered the call said that my friend was not covered.  In fact, my friend had current insurance and was covered.  The police towed her car, she had to miss her work, she and her 4 year old daughter had to find a way home.  Now the police are insisting she pay her fines for no insurance and the insurance company is saying sorry, but they are not going to reimburse her for any of the fines.   What should happen here - should the insurance company pay or should the police dismiss the fines.  What are the chances of her winning against the insurance company in small claims court?

Answer
Hi Sharon,

Your friend needs to demand that her insurance company provide a notorized letter stating that when they said there was no insurance that it was a mistake and in fact their was insurance in full force when the police officer called. She should then go to her court date and explain to the judge what happened and present the letter. The charges should be dropped. The insurance company should be responsible for any other charges your friend incurred. It was their bad information that caused all of this. If they will not pay then yes she should file suit in small claims court.

I hope this helps
Richard Hixenbaugh