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If I was in an accident in the state of SC and had proof of insurance when the officer filled out the police report but then I found out that I wasn't insured at the time of the accident (my insurance company said that my policy was cancelled 3 days before)what are the penalties I can face? Note: there was no damage to the cars but we just filled out the report just in case.

In South Carolina if a driver fails to provide evidence of financial responsibility at the time of an accident report is issued, the law enforcement officer may issue the driver a citation for a violation of SC code 32-35- 113. This code notes that failure to maintain financial responsibility is a Class 2 misdemeanor.

The magistrate judge or circuit judge can suspend the driver's license of any person convicted of a violation of 32-35-113 for a period of not less than thirty days and not to exceed one year. Any drivers license surrendered to the court pursuant to this section shall be transmitted by the clerk of court together with the required report of the conviction, to the Department of Public Safety within ten days of the conviction.

The South Carolina DMV notes that if you fail to maintain proof of insurance on the motor vehicle you are guilty of a misdemeanor and may face suspension action by the SC Department of Motor Vehicles. Penalties can include the owner’s driver license and vehicle registration being suspended and he or she may have to pay $5.00 for each day the vehicle was uninsured, up to $200.00, plus an additional $200.00 reinstatement fee.

Even though you were not cited for being uninsured the SC DMV may have been notified by your car insurance company when your insurance lapsed so your vehicle's registration may be up for suspension, as well as your driving privileges. Also if the other party does decide their vehicle is damaged and believes you are at fault, then you will likely be held responsible to pay for those out of your own pocket.

Most states do not enforce insurance laws very well. It is possible that nothing occurs and you don't see any repercussions from this incident.

If you do not get your old policy reinstated, then try comparison shopping for a new car insurance quote starting here with us.

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This car insurance question was asked on 11/15/2006
This auto insurance answer was last updated on 11/24/2006
Micheal requested this car insurance solution.
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