Another Issue For 2009 Legislative Session

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boomerang
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Re: Another Issue For 2009 Legislative Session

Post by boomerang »

txmatt wrote:The answer I propose is to enforce the laws we have now, in particular, going after with a vengence anyone without insurance who is involved in an accident and fails to pay up.
I agree that there should be severe penalties for someone who causes a wreck and doesn't have liability insurance.

In addition, the Constitution says people have the right to bear arms, so driving without a license or insurance is worse than carrying without a license and the punishment should reflect that.

Maybe we also need to change the voting law to require a ten hour class, two sets of fingerprints and a $140 application fee for initial voter registration...
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Re: Another Issue For 2009 Legislative Session

Post by drw »

boomerang wrote:In addition, the Constitution says people have the right to bear arms, so driving without a license or insurance is worse than carrying without a license and the punishment should reflect that.
That's almost as bad as a printing press operating without a license!
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jimlongley
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Re: Another Issue For 2009 Legislative Session

Post by jimlongley »

txmatt wrote:For a bunch of pro-2A people I find it surprising how readily y'all embrace a police state when it doesn't concern your firearms. :roll:
This I pretty much agree with, but . . .
txmatt wrote:(yes, driving without insurance is a victimless crime.) This is exactly what the antigunners want to do with their burdensome legislation that does little to deter or prevent gun violence.
This I disagree with. Driving without insurance, without financial responsibility, is only victimless until the wreck, then not only are the people who are involved in that wreck victims of that crime, but all of us get to suffer some for it too, not quite the same as what anti gunners do. You are always free to drive without insurance, just don't do it on the highways that our tax dollars funded.

This is a corrolary to the often repeated anti-gun mantra "We license drivers and register cars to prevent auto crime don't we?" Actually, licensing and registration are ways to fund highways (as long as the government puts the money in the right pocket) and has little to do with crime prevention, they just sneak that one in there hoping nobody will notice. You don't need a license to own a car, nor do you need a license to drive one, as long as you don't do it on the public highways, nor do you need insurance, and that applies even on the public higways, as long as you can prove financial responsibility adequate to pay for damage that you cause. If you owned enough land, located properly, you could establish your own highway and drive wherever you wanted, on that highway, without a license or registration, or insurance.

Big companies with fleets of vehicles used to "self insure" all the time, but it might be a little tough for a middle class person to keep that money in escrow against the day when they are in that wreck and need it, not to mention the lower income people, so we have insurance and the companies providing it make a pretty penny by betting against us that we won't have a wreck.

Yes, by all means enforce the laws we have now, but going after someone without insurance "with a vengance" would be pretty much a pyrrhic effort in cases like my stepson's, he had no money, we had no responsibility for or control over him since he became an "adult" (a questionable appelation in his case, but he seemed to think he was) so all the police could do was throw him in jail for eight days, which was his second time in the clink, and like I said before, he was right back at it as soon as they let him loose. He has little money, and no sense of responsibility at all, and his sister is discovering that it's not me causing the problem, he's just as bad living with her in IL as he was here in TX.

When his car was repoed after he defaulted on the payments, which he could have afforded if he stopped blowing what little money he made, it didn't change his behavior measureably, he just borrowed his girlfriend's car, his bud' car, his bud's father's car (that one might have been borrowed without permission) and drove on the license that DPS had suspended and then revoked for non-payment of fines, just daring the cops to stop him and tow away someone else's car.

So, enforce those laws, yes, but I am all for finding some method or manner of taking idiots like my stepson off the road pretty much forever, even GPS bracelets or something.
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WarHawk-AVG
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Re: Another Issue For 2009 Legislative Session

Post by WarHawk-AVG »

Yah victimless till they smash your car...get out an run away

No registration, no body to question..just like my friends brother and his pregnant wife
Totaled their car..they had liability...they were out of a car and had quite a few medical bills too

:mad5

15-20% in Texas..thats 1in 5 or 6 cars that DON'T have insurance!

Not a police state, it ensures that a person that has a license is ensured to protect someone they hit! How hard is that to understand? (like my idea)
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bdickens
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Re: Another Issue For 2009 Legislative Session

Post by bdickens »

How is toughening the laws, and the enforcement thereof, on car insurance and registration creating a police state?

And further: when someone breaks the law to get here, breaks the law by continuing to stay, breaks the law by not registering or insuring their car and then has a wreck and breaks the law again by fleeing the scene that is hardly a "victimless crime." There's a whole string of victims all along the way from people whose wages are driven down, through all the people who have to pay increased insurance premiums to help cover for those who are non-compliant, and all the way through to you who now has to pay for your wrecked car and medical bills out of your pocket.
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txmatt
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Re: Another Issue For 2009 Legislative Session

Post by txmatt »

jimlongley wrote:
txmatt wrote:(yes, driving without insurance is a victimless crime.) This is exactly what the antigunners want to do with their burdensome legislation that does little to deter or prevent gun violence.
This I disagree with. Driving without insurance, without financial responsibility, is only victimless until the wreck
Then we are in agreement.

Your stepson should have been fined $500, thrown in jail for six months and had his automobile impounded. That is what the law provides for repeat offenders of section 690.191 of the transportation code, driving without insurance. This needs to be enforced.
Molon_labe wrote:Yah victimless till they smash your car...get out an run away

No registration, no body to question..just like my friends brother and his pregnant wife
Totaled their car..they had liability...they were out of a car and had quite a few medical bills too

:mad5

15-20% in Texas..thats 1in 5 or 6 cars that DON'T have insurance!
That person that hit your friends brother committed a class B misdemeanor (Yeah, I think that should probably be a class A, but that's beside the point) and should have been hit the penalties associated with that in addition to those I mentioned above for driving without insurance if that is in fact what they were doing. I understand that this would be difficult to do given that they left the scene but this doesn't seem to be investigated and it needs to be. A friend of mine was rear ended by a very full car of people who had no insurance, no license and nothing was done. This needs to be fixed. Go after those that are causing accidents and not paying for damages. They are the criminals and the problem. It will not be any different with these tougher laws or massive database if people are fleeing the scene and no one is investigating. This needs to be fixed first.

Your second bit about the 20% w/out insurance is why if the loss of your car or paying deductibles on your medical insurance would be a financial hardship for you, you need uninsured motorist insurance. Driving without that is almost as irresponsible as not having liability, unfortunately, given the numbers you cited.



As to how this makes it a police state, I will point out as I have before in another thread, my objection to a large, expensive, privately run database of our personal information that we cannot check and upon which we can be charged with a crime. This is wrong. So is making a victimless crime a felony, in particular a victimless crime that is a crime now, and is not enforced so by implication making one more law out there with a heavy penalty that is going to be arbitrarily applied. This is what is done with many gun laws (like regulating sales/possession when violence and possession by criminals is the problem) and it's not right then and it's not ok now, either.
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Re: Another Issue For 2009 Legislative Session

Post by mr.72 »

I'm going to break SeamusTX's wise advice and openly dissent on this thread. I fundamentally oppose any law requiring you to have any insurance of any kind.

Of course I also fundamentally oppose any taxpayer money being spent as a result of whatever happens to those uninsured, regardless of who is at fault, or whether it's an automobile accident or whatever. You build your house in a flood area and it gets flooded, tough rocks. You don't have health insurance then have a stroke? It's not the government's responsibility to bail you out. You ride a motorcycle with no helmet and hit a tree with your head? Expect the hospital to send you a bill. ... or... your airline is not profitable because of the cost of fuel? Shut it down. The train doesn't turn a profit because nobody rides it? Welcome to capitalism where we don't bail you out. It is probably wise to buy insurance, but should never be the law in all but an exceedingly small number of cases.

There are so many things that you can do, legally, that potentially cause harm to others' health or property if you are reckless or otherwise unable to control your actions, and which do not require liability insurance. However if you cause injury to another or damage to their property, and you are uninsured then you are subject to lawsuit. I see no compelling reason for driving a car to be any different.

Insurance should always be a personal choice based on your risk tolerance, and not mandated by law. Never should the government have the authority to compel you to enter into a private contract with a third party such as an insurance company.

This is MHO and of course shows my libertarian colors clearly.

If we mandate car insurance, what's next? Health insurance? Life insurance? CCW insurance? Baseball bat insurance? You-get-so-mad-at-my-opinion-that-you-have-a-heart-attack insurance? :mrgreen: It's a slippery slope.
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mr.72
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Re: Another Issue For 2009 Legislative Session

Post by mr.72 »

oh and BTW, you cannot own a car without buying insurance.

you have to present the insurance card in order to transfer the title into your name, at least in Williamson and Travis counties.

Likewise you cannot get a driver's license without an insurance card. So in some cases you have to demonstrate you have bought insurance even if you don't own a car! I'm surprised they don't make you buy car insurance in order to get a birth certificate in TX.vv :banghead:
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Liko81
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Re: Another Issue For 2009 Legislative Session

Post by Liko81 »

I had to throw my $.02 in on this one. I agree to a point, but some of you guys are being excessively rabid in proposed enforcement, IMHO.

First though, I wanted to talk about this one:
mr.72 wrote:oh and BTW, you cannot own a car without buying insurance.

you have to present the insurance card in order to transfer the title into your name, at least in Williamson and Travis counties.
Sounds kinda like gun registration in DC and Illinois; you have to register the gun before you can legally possess it, but you don't have the information needed to register it before you possess it. :banghead: I bought a car in Dallas county and there was very little rigamarole involved with regards to insurance. I bought it, drove it home under my current policy, then went to Progressive's website, removed my old car and added my new one. Even if I didn't make it home, I would have been covered under a grace period for new cars; the new car would have been covered under the same terms of the policy as the old one until the dealer tags expired.

Anyway, about stiff penalties for uninsured motorists. The OP advocated an arrestable offense, a felony no less, for failure to show proof of insurance. However, there are two causes of this failure; you don't have insurance at all (bad), or you have insurance but don't have a current document (not so bad). Texas law does not differentiate; if you cannot prove insurance, you don't have any. So, you're advocating that if my insurance renewed yesterday, I left the proof card on my kitchen table this morning, and got pulled over for a burnt-out taillight, I should go to jail. I categorically disagree. Sure, I will EVENTUALLY be able to provide proof of insurance, but in the meantime I had to burn my one phone call telling my boss I wouldn't be able to show up, see a judge, and post bail before I could go home and get my proof of insurance. That is pure bull right there, and municipal court judges have enough to do without dealing with "deine papieren, bitte". And besides, arresting you for a crime you did not commit is a false arrest.

I totally agree with the idea that uninsured motorists should have their lives disrupted. But, how about this for a solution; instead of a citation payable by fine (it's currently a hefty $250), issue a summons. You then have three options; show up at the court or clerk's office with proof of insurance as of when you were pulled over and they dismiss the charge, show up and plead guilty to a B Misdemeanor involving a fine AND jail time, or ignore it and watch the police batter down your door on the day you were supposed to show up and haul you in for the original crime AND failure to appear. If they catch you out of state that's a Federal offense as well. I mean, the $250 if and when they catch you is nothing compared to what the monthly premiums would be if you have an accident on your record (believe me; I've had two fender benders and I pay that much EVERY MONTH for 50/100/50/Coll/Comp). It quite simply is not a deterrant.
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Re: Another Issue For 2009 Legislative Session

Post by anygunanywhere »

mr.72 wrote:oh and BTW, you cannot own a car without buying insurance.

you have to present the insurance card in order to transfer the title into your name, at least in Williamson and Travis counties.

Likewise you cannot get a driver's license without an insurance card. So in some cases you have to demonstrate you have bought insurance even if you don't own a car! I'm surprised they don't make you buy car insurance in order to get a birth certificate in TX.vv :banghead:
But the jerks let the insurance lapse and NOTHING happens to them, often even if they are stopped or are involved in a wreck. We have to show our CHL every time we are stopped. Nice way to exercise a right. Guess what happens if you do not have your CHL! Second Amendment be darned.

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Re: Another Issue For 2009 Legislative Session

Post by mr.72 »

anygunanywhere wrote: But the jerks let the insurance lapse and NOTHING happens to them, often even if they are stopped or are involved in a wreck.
See here is the problem.

They let their insurance lapse, so what? If they are stopped, so what? What are they liable for? But if they are judged to have caused a wreck, then they should be sued.

This is a civil matter, not a criminal matter, even legally in TX finding of fault in a automobile accident is a civil matter IIRC.

I have no problem with people driving uninsured. I do have a problem with people causing wrecks and then the government or else nobody paying for their liability. But if I can drive my car or my entire life and never cause a wreck, what point is there in me owning insurance?

Howabout this: perhaps I should become an advocate of all gun owners buying liability insurance and having to show proof every time that you are stopped and have to display your CHL, or when you go to the firing range, or otherwise use your gun. It is no different! You have a potentially deadly piece of property that, if misused, even by accident, can open you up for huge liability. There is no difference between this and owning/driving a car. We are all staunch advocates of less government intrusion into our ownership of guns, but do we flip flop when it comes to owning and operating a car?
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Re: Another Issue For 2009 Legislative Session

Post by Liko81 »

mr.72 wrote:
anygunanywhere wrote: But the jerks let the insurance lapse and NOTHING happens to them, often even if they are stopped or are involved in a wreck.
See here is the problem.

They let their insurance lapse, so what? If they are stopped, so what? What are they liable for? But if they are judged to have caused a wreck, then they should be sued.

This is a civil matter, not a criminal matter, even legally in TX finding of fault in a automobile accident is a civil matter IIRC.

I have no problem with people driving uninsured. I do have a problem with people causing wrecks and then the government or else nobody paying for their liability. But if I can drive my car or my entire life and never cause a wreck, what point is there in me owning insurance?

Howabout this: perhaps I should become an advocate of all gun owners buying liability insurance and having to show proof every time that you are stopped and have to display your CHL, or when you go to the firing range, or otherwise use your gun. It is no different! You have a potentially deadly piece of property that, if misused, even by accident, can open you up for huge liability. There is no difference between this and owning/driving a car. We are all staunch advocates of less government intrusion into our ownership of guns, but do we flip flop when it comes to owning and operating a car?
Good point. I would counter that car accidents happen on a far grander scale than firearms accidents. Why? because we USE the car every day. even if we HAVE a gun with us at all times, we do not draw, point and fire it every day. Thus, the total loss in car accidents from a purely financial standpoint is less than the total loss from firearms accidents. The government therefore has an interest in ensuring that motorists can cover their liability, when it has not yet reached that level for firearms.

However, you're exactly right; liability exists in both cases. You also really do not have to own insurance; What you have to do is prove you meet a minimum standard for ability to cover losses, which can be done by demonstrating that you have cash on hand to pay out-of-pocket for at least the minimum required. Whether you have insurance or are "self-insured", though, if you only have the minimum and damage exceeds that minimum, you still owe the rest; God help you if you total a Lamborghini with minimum coverage.

I say all that to illustrate that firearms liability insurance would at the same time be difficult to require (registration, gun tax, infringement), and at the same time largely ineffectual as insurance liability generally stops at actual damages; pain and suffering, punitive damages, etc. require additional and very expensive coverage. It also provides deep pockets, which as health, automobile and other forms of insurance that pay directly to the creditor have demonstrated, increase costs. People find ways to get every penny they can when it's "covered"; doctors and hospitals charge exorbitantly for even routine stuff, and body shops find excuses to replace rather than repair parts with superficial damage.

If that were applied to firearms, good night everybody. Those judgements are awarded in court; your liability could easily be twice or triple actual damages.
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Re: Another Issue For 2009 Legislative Session

Post by mr.72 »

Yeah Liko but your point goes the other way with car insurance, as well as other forms of insurance like health insurance.

Costs of liability would be far less if it was not known that insurance was going to pay for it. Likewise with fewer drivers insured (due to my proposal of no law requiring insurance), then the number and severity of auto insurance claims would go down and by that virtue alone the cost of auto insurance would go down. Not only that, as it is auto insurance companies only have to compete with other insurance companies in terms of cost, and the state has an insurance board that regulates rates anyway, while compelling every driver to carry insurance. But if there were no law compelling the coverage, then auto insurance companies would have to compete with "no insurance" as well as other insurance companies, and of course there would be no need for government regulation which would have the free-market effect of increasing our car insurance options.

Right now we have to buy insurance as somewhat of a risk-weighted collective, but for example even though I ride my bicycle to work most days and only use my car 1-2 days per week, I cannot buy part-time-use insurance for the car if it is my only car (or if the number of cars in my household does not outnumber the number of licensed drivers). But what if I could buy insurance that would only cover me while commuting? Or that would only cover me on weekends? Maybe I can decide what my risk level should be according to my own driving habits. Maybe there is zero risk of me getting a DUI so as a non-drinker I could buy insurance that does not cover me in the case of alcohol involvement. The choices would be far and away greater and therefore our costs lower if there were no state law requiring the use of certain insurance, and if there was no regulating body in the state.

Of course I am opposed to nearly all government interference with private businesses including what is essentially legal price fixing and collusion as a result of state insurance regulation.

If I can't choose not to buy it, then there is no real reason for insurance companies to offer me a solution that fits my requirements.

Don't get me started on minimum wage or employer health insurance!

Anyhow I still say we are on a slippery slope. Many of us feel that it's perfectly acceptable for the gov't to require us to buy car insurance. How are we not sending the message that government control of our lives shall be extended to all areas of potential liability including gun ownership? Should I have to buy dog insurance if I own a dog? Canoe insurance if I own a canoe? Howabout if I hit a jogger while riding my bike? Bicycle liability insurance? Where does it end? Right now we have an arbitrary line drawn at car insurance but it soon may very well be health insurance and then we just slip down that slope!
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Re: Another Issue For 2009 Legislative Session

Post by anygunanywhere »

Mr. 72.

Let's talk about the real world.

Driving is a priveledge granted by and regulated by the state. Anytime you make the conscious decision to drive anywhere off of your private property you agree to abide by the laws of the state regarding this priveledge.

Two of the requirements are that you must have a license and maintain financial responsibility.

Driving without a license or finacial responsibility must be prosecuted with as much fervor as when an individual breaks one of the thousands of laws infringing on the RIGHT to keep and bear arms.

If you are stopped and in the process of the stop you are deemed to be in violation of a reasonable restriction you will be arrested and go to jail.

Almost 100% guaranteed.

That same guarantee is not true for failure to maintain financial responsibility which impacts hundreds if not thousands of people in Texas every day.

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Re: Another Issue For 2009 Legislative Session

Post by mr.72 »

well anygun... I just simply flat out oppose the law requiring you to buy insurance if you drive a car.

so clearly it's now the law. but I think it's a dangerous and unconstitutional law.
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