Legal Question in Insurance Law in New York

uninsured vehicle

my son was recently stopped in ny driving his aunts vehicle.. turns out there was no insurance on it. he has been in court and my question is because my son has beed very vaque... will this go on his record as a violation he is responsible for and our insurance? He is 18 and had his liscence less than 2 months!

thank you

--name removed--gamble


Asked on 6/07/04, 4:18 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: uninsured vehicle

It should.

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Answered on 6/07/04, 4:31 pm
John Kirby Law Offices of John M. Kirby

Re: uninsured vehicle

Your question is somewhat difficult to ascertain. The primary question seems to be whether your son will be found guilty of a driving offense. That would be controlled by NY law, and not NC law. I seem to recall that under some circumstances, a driver is not automatically responsible for a defect in the vehicle (e.g. expired tag or registration), but you need to check that out. I would also be curious as to whether your son had his own insurance; if he has a car, or if he's listed on your policy, then he would have his own insurance, in which case there may (or may not) be a violation of NY law. (I believe if he has a NC Driver's License, he probably has some insurance.) (I also seem to recall that NY is a "no fault" state, so their insurance rules are different, but nevertheless your son's own insurance may be relevant.) Your other question, and perhaps the more important inquiry, is whether this will affect your insurance rates. The answer to that should be "no." I suggest you search the net for "SDIP" in North Carolina for the rules.

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Answered on 6/07/04, 10:25 pm


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