Case Dismissed: Do you really know if you are insured, and is an ex-spouse still part of the family?
We have had clients who actually were properly insured, even though they didn’t realize it. Consider the following real scenario:
EXAMPLE: A client’s regular vehicle was in the shop for repairs, so she borrowed a vehicle from an ex-spouse in order to get the kids to their after-school activities. The client was pulled over for a minor traffic violation, and the officer and our client both then discovered that the ex-spouse’s vehicle was not insured. Our client was cited and referred to the local justice court.
An Ex-Spouse and a Borrowed Car
In this particular circumstance, the driver had an insurance policy that covered her while she was driving her own covered vehicle, and also if she was driving a “temporary replacement vehicle.”
The policy defined a temporary replacement vehicle as including one not owned by the policy holder, but which was being used only on a temporary basis while the owner’s main insured vehicle was being repaired.
Actually Being Insured
We appeared in court with our client, and brought with us a copy of the insurance policy that was in force at the time of the citation. She should have been in the clear. It seemed, however, that the prosecutor was not completely up-to-speed on either insurance law or on basic principles of family law.
Persuading the Prosecutor
Exercising due diligence, the prosecutor began reading through the insurance policy. We had highlighted the section on coverage of a “temporary replacement vehicle” but had not anticipated what the prosecutor would get hung up on.
The policy excluded from coverage any temporary replacement vehicle that was owned by an “immediate family member.” The prosecutor seemed to think he had found a flaw in our case.
Success – Case Dismissed
We pointed out that an “ex-spouse” is normally not considered to be a part of a person’s “immediate” family. But the prosecutor wanted citations to legal authority before he would agree to dismiss the charge. We provided good legal authority, and the charge was dismissed.
** This post is part of our “Real World” series, and depicts real cases and clients. Some details may have been changed to protect client confidentiality, but the legal principles and fundamental facts are real. If you are looking for legal assistance, contact us directly to see how the right attorney can help you.**
