Expert: Richard Hixenbaugh - 4/7/2010

Question
QUESTION: Hello,

   I need some advice weather I can file a claim if driving outside the parameters of my restricted license.  I had a DUI four years ago and the license was revoked.  Last year the license was given back to me with restrictions.  A breathalizer was installed in one of my cars.  During this period on the restricted license I purchased another car (fully insured and registered in Michigan).  The car was in storage all winter and I decided to drive the car for a bit last week.  Note this car does not have the breathalizer installed.  I was never required to install it in this vehicle.  I ended up running into a a hughe pot hole that resulted in some suspension damage and caused the airbags to deploy.  The car is fully insured and registered in my name.  My question is can i make a claim on it?  My insurance Company is Progressive.  Your advice is greatly appreciated.

ANSWER: Hi Mark,

You should file the claim. Since you were not required to have the device installed on this vehicle, they should not be able to hold it against you. Further, unless you were had been drinkng when you hit the pot hole, there is no cause and affect related to the damage that could be related to the fact that you did not have the device installed in this vehicle.

I hope this helps
Richard Hixenbaugh

---------- FOLLOW-UP ----------

QUESTION: Should I just be completely straight forward and honest about my restricted license?  Will they report this to the Secretary of State office?

  Thank You Again
  Mark

Answer
Hi Mark,

I do not believe they will report anything to the Secretary of State. You should answer any direct questions with direct and truthful answers, however, you are not required to volunteer any information that is not asked of you.

I hope this helps
Richard Hixenbaugh