Legal Question in Insurance Law in New York

unknown, unregistered vehicle

I was involved in an accident back in the fall of 2003. A police officer was called to the scene of the accident. No tickets were issued. I called my insurance company and the arranged for a tow and repairs. Two weeks ago I was notified by the insurance company that the other driver has hired an attorney and seeking compensation for injuries. At the time of the accident, my registration was past due. I never recieved a ticket and renewed the registration on the day of the accident. Could my lapsed registration come to bear in the case?


Asked on 5/31/06, 6:19 pm

2 Answers from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: unknown, unregistered vehicle

your biggest concern should be that you had insurance on that day. If the company doesn't care about the registration, don't sweat it.

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Answered on 5/31/06, 8:01 pm
David Simon Hogan & Rossi

Re: unknown, unregistered vehicle

It would seem to me unlikely that the registration issue has any relevance on the central liability issues in the case. The failure to renew the registration, I dare to say, was not the cause, or a contributing cause, of the accident. That being said, the issue could be a springboard for plaintiff's counsel to explore other areas. For example, given the liberal rules of discovery, plaintiff's counsel could almost certainly inquire about the issue. And if it turned out you did not renew the registration because you did not have a valid safety inspection yet, that could lead to more questions about whether your vehicle was properly maintained, and ultimately whether your failure to maintain the vehicle was a contributing cause of the accident.

Perhaps more importantly however, aside from the central liability issue, is how your insurance company handles the registration matter. This could be a delicate matter, but you need to ensure your policy does not allow the insurance company to disclaim coverage for you if you allow your registration to lapse. You certainly want your insurance company to pay for your defense, and also to pay out if there is any settlement or verdict in the plaintiff's favor.

David Simon, Esq.

Hogan & Rossi

Brewster, NY 10509

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Answered on 6/01/06, 10:26 am


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