Failure to Maintain Financial Responsibility (FMFR), also known as “no insurance,” is a Class C misdemeanor. This type of traffic ticket can have serious consequences and should be taken seriously. If you have been charged with Failure to Maintain Financial Responsibility (FMFR), legal team at Berlof & Newton, P.C. can assist you in fighting to protect your driving record and avoid these costly consequences. Let’s find out if you fail to maintain financial responsibility what can be the consequences. First we have to know what is fail to maintain financial responsibility. Let’s know about it.
What Does Fail to Maintain Financial Responsibility Mean?
Financial responsibility laws are commonly associated with automobiles. Require an individual or business to demonstrate their ability to pay for damages resulting from an accident. The party is not required to have insurance coverage under financial responsibility law. Instead, even if they are not at fault, the law requires them to demonstrate financial capacity to pay the full amount of the damages.
Financial responsibility law (commonly associated with automobiles) requires an individual or business. To demonstrate that they have sufficient funds or assets to pay for damages resulting from an accident.
Financial responsibility laws vary by state, so they may differ depending on where the individual lives, and failure to comply may result in severe penalties.
Most auto insurance policies provide enough coverage to meet the requirements of financial responsibility laws, so carrying even the bare minimum can keep you from breaking them.
Understanding the Law of Financial Responsibility
Almost all states require individual vehicle owners to carry some level of automobile liability insurance. Only New Hampshire and Virginia do not currently require some level of liability insurance coverage.
Financial responsibility laws prevent the burden from falling entirely on the non-guilty party in the event of an accident in which the person at fault does not have insurance coverage.
Many states consider someone who has insurance to be in compliance with a financial responsibility law. This is due to the fact that most insurance policies have a minimum coverage limit that meets the state requirement. In some states, proof of insurance coverage or financial responsibility is required before registering a vehicle.
Depending on the state, a surety bond can be used instead of insurance to satisfy financial responsibility laws. Instead of requiring insurance, some states will require a cash deposit from the vehicle owner. To comply with financial responsibility laws, a business that maintains a fleet of vehicles driven by employees may be permitted to self-insure. Individuals are usually not given the option of self-insurance.
Individuals in Virginia can pay a $500 uninsured motor vehicle fee at the time of vehicle registration.
This does not absolve the owner of financial responsibility if the vehicle is involved in an accident. It also does not provide them with any kind of insurance. The uninsured motor vehicle fee in Virginia is valid for 12 months.
Legal Requirements for Financial Responsibility
Authorities may request proof of compliance with financial responsibility laws for a variety of reasons. Proof may be required by police after an accident has occurred, during non-accident traffic stops, when registering a vehicle, and when seeking the reinstatement of a revoked or suspended driver’s license.
Failure to provide proof of compliance with the law can result in penalties such as fines, suspension of the operator’s license, and suspension of the vehicle’s registration. This could have an impact on future attempts to obtain auto insurance. Insurers may raise the rates they charge a person who fails to comply with financial responsibility laws, and it may be difficult to find a company that will provide coverage at all.
Noncompliance with these laws can jeopardize other assets, such as a home, if the vehicle owner lacks the financial resources to pay for damages resulting from accidents for which they are held liable.
Factors That May Influence the Fines the State Expects You to Pay
The fines imposed by the court for traffic tickets vary depending on a variety of factors, including the nature of the offense and, in the case of a no insurance ticket, whether it is a subsequent offense. Keep in mind that simply paying the ticket will result in points, possible surcharges, and increased insurance premiums on your driving record.
Furthermore, multiple traffic ticket convictions may result in an expensive driver license suspension. You have a limited amount of time to respond to the court after receiving a traffic ticket for Failure to Maintain Financial Responsibility (FMFR). Each jurisdiction has a different time frame within which you must respond. If you do not respond promptly, the court will issue an arrest warrant for you.
If your ticket is past due and you have a warrant out for your arrest, we can still assist you by posting a bond to lift your traffic ticket warrant. Do not simply pay the fine to have the warrant lifted. Simply paying the fine to have a warrant lifted will result in a conviction, which will have a negative impact on your driving record and privilege.
The Implications of Citation
Failure to present proof of insurance or maintain financial responsibility (FMFR) can result in serious penalties. A second or subsequent conviction for FMFR will result in your driver’s license being suspended. Furthermore, if you do not have liability insurance, you will be personally liable for any and all costs associated with an accident in which you are found to be at fault. As a result, it is critical to keep your vehicle insured at all times.
Verifying Coverage and Getting the Citation Dismissed
If you were issued a citation for no insurance or failure to present proof of financial responsibility and had valid insurance at the time of the citation, you must present proof of insurance coverage to the court within 15 days of your appearance in order for the citation to be dismissed by the Judge. Any other dismissal required a court appearance. The following documents must be provided in order for the Court to verify your coverage:
- Date the policy went into effect and its expiration date
- Each covered vehicle’s make, model, and year
- Name and address of each policyholder
- A statement from the insurance company or the limits of the policy that meet the minimum liability insurance requirements for that vehicle
- The policy number
If your proof does not meet all six requirements and is presented to the Court, it will be rejected without judicial approval. The declaration page of your auto insurance policy is the best document. If that is not available, an insurance card containing the six items listed above will suffice. If the declaration page or card is not available, a letter from your insurance carrier with all of the above information will suffice.
Driving Someone Else’s Car
Citations issued while driving someone else’s car will require you to show proof that the other person authorized you to drive the vehicle and that you are not an excluded driver under that insurance policy. It is sufficient to have a letter signed and dated by the registered owner stating that you have his or her permission to drive the car.
Unlicensed Motorists
It should be noted that few, if any, insurance companies will accept liability if an unlicensed driver operates the vehicle. As a result, unlicensed drivers are almost always barred from purchasing insurance.
Failure to Validate Coverage
The Clerk will check coverage with the insurance company once the Court receives proof of liability insurance. If the vehicle and driver have valid insurance, no additional appearance or fees are required. If you did not have valid insurance at the time of the citation, you will be held liable for the fines and costs imposed.
You may, however, request deferred disposition/probation to avoid a conviction on your driving record and ensure future affordable insurance. If a defendant does not have valid liability insurance, he or she will not be eligible for deferred disposition/probation.
Failure to Maintain Financial Responsibility
If you have been charged with Failure to Maintain Financial Responsibility (No Liability Insurance), you must appear in court before the date specified on your citation to do one of the following:
If you had insurance at the time you were stopped, you must show a valid insurance card or policy that was in effect at the time of the offense. Following verification of coverage, your citation will be presented to the Judge for review, and a decision on dismissal will be made. To confirm coverage, the insurance company will be contacted by phone. You may submit proof of insurance either by mail or in person.
If you are unable to provide valid proof of insurance, you must pay the fine or appear in court on the date and time specified on your citation. Payment of the fine will result in a reported conviction on your driving record.
Each conviction for this offense will result in the State of Texas levying a $250.00 annual surcharge. For three (3) consecutive years) under the Driver Responsibility Act. Convictions for multiple offenses will result in multiple surcharges. There may be additional charges.
Furthermore, a second or subsequent conviction of this offense under the Texas Motor Vehicle Safety Responsibility Act will result in the suspension of your driver’s license and motor vehicle registration unless you file and keep proof of financial responsibility (insurance) with the Texas Department of Public Safety for two years after the date of conviction.
Conclusion
Failed to Maintain Financial Responsiblity. There is no automobile liability insurance. If a person commits an offense or they operate a motor vehicle without having auto liability insurance as well as other proof of financial responsibility. I hope that after reading this entire article, you have a better understanding of the failure to maintain financial responsibility. Follow these guidelines to avoid Financial Responsibility Failure.
