QuestionQUESTION: I have had Farmers Car Insurance for quite along time. My husband has had a previous DUI along time ago but was recently convicted and served time for driving on suspended/revoked license. He has never had an accident, harmed anyone or damaged any property. He has to get SR22 before he can apply to get back his license. Is this something that can be done thru my insurance company? Will it affect my standing and/or rates with them? I am a bit confused by all of this.
ANSWER: Hi Jeanne,
The reason for the SR22 filing is to make sure that drivers demonstrate financial responsibility. Since your husband elected to violate the law, both of you will be punished.
The filing should be available from your company, but if not, it is available from many other companies. You will pay more for that insurance than for normal insurance.
What I am not clear about is whether or not you have a separate car that YOU could insure and exclude him from driving. That is the only way I can think of to avoid the expense on your insurance.
Please call your agent for better information on that. My thought is that you cannot have a separate policy if you both drive both cars. And you cannot "fool" the company by declaring one thing and doing another inasmuch as you may have your coverage denied if he--or you--are in an accident while driving a car that is "regularly available for your use".
Fortunately, the requirement will go away after awhile--probably in two years, depending upon his DWLS sentence.
DWLS is also a habitual traffic offender marker, so please do not let him drive again without his license and insurance, or the consequences to your family will surely be more severe than they were this time.
Best wishes to both of you,
Dr. Settlement, J.D. (Juris Doctor)
www.settlementcentral.com
---------- FOLLOW-UP ----------
QUESTION: Thank you for your quick response. We do have two vehicles that are presently insured by me. I just read something online about being able to purchase SR22 without having a car to insure or a license back yet? Is this correct? Also are the SR22 rates different with every company or is there a set amount by the State that is required to be paid out? I am certainly not trying to play any games with my insurance company. As for DWLS in Illinois they can go back to when you were 16 and stupid mistakes like unpaid parking tickets and emmissions not heeded result in suspended licenses. I am not saying my husband did not break the law but I will say the price he has already paid has been far to high and there is no end in sight. The amount of money the State expects the average person to shell out to even come close to getting a license back just for work privleges is so high I can see why people just resume driving with no license.
AnswerDear Jeanne,
The answers to your questions are Yes, Yes, and Yes.
Yes, you can handle his SR22 on his own, without driving. It counts against the time during which he has to have the filing. Check with your agent on this.
Yes, the rates vary by company. Shop and check with your agent.
Yes, I agree that it is counter-intuitive sometimes to deny a way to get to work for the very people who most need to make the money. Based upon my experience with this, the sentencing judge might be able to grant some relief after six months to just under a year of good compliance.
You and your husband would have to make a motion for modification of his findings and his sentence WITHIN ELEVEN MONTHS OF SENTENCING. Usually a judge can make changes within one year upon a showing of meritorious necessity.
Naturally, you two would document not only complete compliance, but also the absolute need for your husband to have his license and a reduction in the monthly costs you are paying. (Although the state department of licensing controls the SR22 filing requirements, I have seen a judge modify his findings and sentence to bring relief.)
Best wishes,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
