Driving without Insurance

All Pennsylvania drivers must have no-fault medical coverage and liability car insurance. Pennsylvania is a no-fault state, which means that the policyholder will be reimbursed for a portion of loss regardless of who was at fault. A policyholder is also restricted in his or her right to seek recovery through the civil justice system for losses caused by other parties. This system is intended to protect everyone in Pennsylvania by making sure that a minimum of medical bills are paid in the event of an accident and those injured in minor accidents will be compensated. If you are caught driving without insurance in Levittown, you should consult diligent lawyer John M. Kenney to help defend you against the criminal penalties that may apply.

Car insurance premiums can be expensive, but they are for everyone's benefit. People who fail to get the minimum coverage required face two proceedings. One of the proceedings is in criminal court for a summary offense, and the other is a civil proceeding before the Pennsylvania Department of Transportation (PennDOT). Even if you win your criminal case, you may be held accountable in the PennDOT proceeding and face civil penalties and the loss of your driving privileges. If you are criminally convicted of operating a motor vehicle without insurance, there is a minimum fine of $300, and you may lose your driving privileges for 90 days. To get your driving privileges restored afterward, you will need to present proof of insurance and pay fees.

Pennsylvania Vehicle Code §1786 specifies that cars and other motor vehicles must be covered by financial responsibility. If you register a car or renew your registration, you are deemed to have given consent to produce proof to the Department of Transportation or a police officer that you have the financial responsibility required. The Department must suspend car registration for three months if the owner does not secure financial responsibility, and it also must suspend the operating privileges of the person who owns the vehicle.

If the department revokes or suspends registration of the car, the owner has to provide proof of financial responsibility, except where a lapse in coverage is proven to be for less than 31 days and the owner didn't operate the car during the lapse in coverage. Somebody whose vehicle is suspended can appeal. The suspension won't be imposed until the appeal is determined. The scope of the appeal, however, is limited. Issues hat can be raised are whether the vehicle is of the type that is required to be registered under the title and whether the owner operated the car or other vehicle during the period when it wasn't covered.

If the Department of Transportation is notified that you failed to provide proof of financial responsibility, a presumption is created that the vehicle did not have the appropriate coverage. This presumption can be refuted with clear and convincing evidence that you actually did have insurance coverage for the vehicle during that period.

Losing your license even for 90 days can be professionally problematic for those who cannot get to their workplace via public transportation or have a job that requires driving. Knowledgeable Bucks County driving without insurance attorney John M. Kenney can give you clear and honest advice about your case. He can listen to your story and evaluate whether there is a sound basis to challenge the charges against you. For a free initial consultation, contact Mr. Kenney at (215) 547-3031 or by completing our online form.