Legal Question in Insurance Law in Massachusetts

Re: Expired drivers license w/r/t auto insurance

As to whether you are still covered, that is between you and your insurance company. You will have to read the policy to find out.

Mass General Law chapter 90 section 34A defines the insurance certificate that must be presented to the Registry, and the company must be "authorized to issue in the Commonwealth a motor vehicle liability policy". If you manage to fool the registry, and you are operating without coverage, you can be found guilty of the crime of driving without mandatory coverage. You can be criminally responsible for a long list of crimes that flow from this situation, from forged registry documents if you represented that the certificate was for a Mass licensed insurance company, to driving with a revoked license, without insurance, without valid plates (the registry can revoke the plates on your car).

If you have been involved in an accident, or any of these problems relate to you, you need a criminal lawyer. These motor vehicle crimes carry serious time, one to two and a half years in the House of Corrections (each), and they are felonies. The registry can (and will) revoke your license in addition to any penalties imposed by the Court.

Thomas Workman

Law Offices of Thomas Workman

41 Harrison Street, Taunton, MA

Re: Expired drivers license w/r/t auto insurance

Insurers are regulated in Mass. You must have your vehicle insured by a regulated insurer in this

state, at least for the mandatory coverages, or it won't count. Registration of your vehicle

in this state requires the insurance, too. You might use a private insurer not regulated

for some additional coverage if you like; it seems like a good deal to do that.

I don't think that an invalid license kills your coverage, but it might; that would depend

upon your private policy; it seems unlikely to likely to me; I think the general rule is that

if they take your money, they cover you, but there are definitely exclusions, and one particular

one is "intentional acts" -- which could include a willful violation of the law such as

driving without a license.

Moreover, though, driving without a license

is a pretty serious offense in this state. So, by the way, is driving without the

mandatory insurance levels (under a policy offered by state regulated insurers).

I advise against either of this illegal actions.

How long have you been in this state? You are only supposed to drive on an out-of-state

license for about month, I think. (And not at all on a revoked license, I'm purretty sure.)

Whether the Registry would catch it ...

I don't see a connection between having a car registered and having a license to operate that same

car. Corporations (which don't have driving licenses) can own cars; people often have licenses

but no cars; rich old people who can't see well enough to drive may own and register a car to be

driven by their chauffeurs.

That's just an offhand opinion.

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.

Newton, MA

02459-2509

[email protected]

(617) 527-0050.

Good luck.

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.