QuestionIs it the Auto Ins. Agent's duty to disclose to the insured information as follows: The owner has to get the insurance, not the driver alone. Is there a legal problem, for example...if the owner is legally responsible, then the driver might have bought insurance, but could a legal issue occur.
If the insurance is not paid on time, the DMV requires the tag back for 30 days (in my state). If the insurance co. insures the driver, not the owner (I realize this lapse is the owner and drivers fault), but during the time the tag is dead, the auto is not elligible, and if its not on the highway either, is their not some unearned premiums due back? I ask this because the driver had a DMV officer tell my sister as he pulled her tag the ins. co. should have never issued the insurance. Of course, the registration card she gave did not have her name as the owner upon buyer the insurance. There was a second car just sitting, not even operable, and the insurance co. has not given back unearned premiums from the date of acknowledgement that this is non insurable for the remainder of the policy period. Actually said they won't refund. These are unused days I am speaking of here. Should they refund any in either situation? And what legal problems did they participate in possibly for the public/owner/insured if the state requires the owner to insure, and they skipped over that minor issue to sell a policy and collect a premium the day she went in for service. If she needed the title in her name, she would have taken care of that the same day instead of all the problems...leasing another car, towing, ticket....and still the car sitting with the insurance co. keeping premiums.
AnswerNorth Carolina is no different than many states. Either the owner or the driver can produce proof of financial responsibility. Primarily, liability follows the owner of the vehicle.
It really should not matter who is driving so long as the person has the permission of the vehicle owner, and the vehicle is insured. Now if the vehicle is not insured, then the driver's personal insurance would be secondary and would come into play. Also, the driver could have a non-owner's policy. If neither the owner or the driver have insurance, then there's a problem if the vehicle is being operated on a public roadway.
Whether a vehicle is being driven or not, it is required to be insured in most States. I know this doesn't make sense, but check your local laws and call your local DMV office to confirm, I bet I'm right. This also means you probably won't see and weren't due a refund. I can look into this more carefully if you call my office. Look us up on the web. Search for the petty details of claims.
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