Everyone pays

Rose Roper and her daughter Megan never dreamed they would be in an accident as they were heading home last March.

But that wasn't the half of if.

Not only were they slightly hurt, but the crash totaled their car, which had been paid off.

The man driving the car that struck their vehicle was driving with a revoked driver's license and was charged with driving while under the influence.

He also didn't have automobile insurance.

"Our insurance company ended up taking care of our losses and medical expenses. Thank goodness, we had full coverage on our car,'' Roper said. "If we had just had liability insurance, I don't know what we would have done.''

Alabama law requires all licensed drivers to have at least liability insurance on their vehicles. Still, there are licensed motorists who do not have insurance. It's a problem confronting law enforcement officials -- and other motorists -- every day.

"Just because the law makes it mandatory doesn't mean everyone is going to obey the law,'' said Moulton Police Chief Lyndon McWhorter.

McWhorter said his officers write many citations for motorists who do not have automobile insurance.

"In fact, the only thing we write more tickets for is seat-belt violations,'' he said.

Officials with the Property Casualty Insurers Association of America say that although every state has some kind of law regarding automobile insurance, uninsured motorists is a growing problem.

A recent survey by the Insurance Research Council revealed that 14.6 percent of households in the United States have at least one uninsured vehicle, up from 12 percent in 1999.

"This is not an Alabama problem, Illinois problem or a regional issue, this is a nationwide problem that affects us all,'' said Alex Hageli, of Property Casualty Insurers Association of America in Des Plaines, Ill.

Claire Wilkinson, vice president of global issues for the Insurance Information Institute in New York, N.Y., said Alabama is among the states with the highest percentage of uninsured drivers.

"According to a study by the Insurance Research Council, the three states with the highest uninsured driver estimates were Mississippi (with 26 percent of all drivers being uninsured), followed by Alabama and California with 25 percent each,'' Wilkinson said.

She said the states with the lowest uninsured drivers were Maine, at 4 percent, and Vermont and Massachusetts at 6 percent each.

Tuscumbia police Capt. Lori Jett said violations increased after it became law that every driver carry at least liability insurance.

"But based on current data, (our department) has observed a decrease in the number of no-insurance citations written,'' Jett said.

She said that in 2005, Tuscumbia wrote 241 citations for violations of no insurance, compared to only 146 in 2006.

"Anyone who has ever been involved in a accident with an uninsured motorist has a great knowledge of why the law passed and why it was necessary,'' Jett said.

State Farm Insurance Agent Ronald Thorn, of Red Bay, agrees.

"In the long run, it affects everyone. The people who are insured end up paying for the people who are uninsured and are in accidents,'' Thorn said. "Anytime there is a loss and the insurance company can't recoup the loss, it's a write-off, which means (the companies) have to … increase premiums.''

Thorn said that although there are still too many uninsured drivers on the roadways, the law has made a difference.

Trooper Paul Mashburn, regional public information officer for the state Department of Public Safety, said troopers are constantly looking for violators.

"(Uninsured drivers are) still an issue that we deal with,'' Mashburn said. "It's something we check on at each traffic stop and crash we investigate.''

Violation of the insured driver's law can be costly.

According to the statute, the first violation of failure to have proof of insurance can cost up to a $500 fine, plus court costs. A second violation can mean a fine up to $1,000 and the suspension of the driver's license for up to six months, plus court costs.

"By law, if they produce a certificate of insurance that was in effect at the time of the citation, it will be dismissed,'' said Muscle Shoals Municipal Judge Bill Marthaler.

Proof of insurance is required to purchase car tags or the individual purchasing the tag must sign an affidavit stating that the vehicle the tag will be placed on is insured.

Marthaler said some people purchase insurance on a monthly basis, especially the month when they have to buy car tags.

"Once they get the tags, they let the insurance lapse,'' he said.

Police say some of the reasons they are given by people who don't have insurance can be comical.

"One of the best I've heard is 'I thought I had it or it's not my car, it's my cousin's,' '' said Sheffield police Capt. Kirk Jones. "My answer to that is, what's his name, and the usual answer is I don't know. So, what are you doing driving (the car) then?''

Marthaler said he has had people come before him saying they can't afford the insurance.

"My response is, 'Then you can't afford the car,' '' he said.

Florence police Lt. Tony Barnett said the most common excuse he's heard is, "I left it at home.''

"That may be true, but they still get a citation,'' Barnett said.

"I love the way they go to a lot of trouble making you think they have insurance,'' said Muscle Shoals Lt. Tommy Skipworth. "They'll say they can't find the insurance card and then spend the next two to three minutes pulling everything out of their glovebox looking for a card that doesn't exist. They make it look good for us.''

Skipworth said he has even had some who have tried to avoid a citation by saying "I'm on my way right now, when you stopped me.''

"Or they'll say they will get insurance tomorrow, knowing good and well they're not going to get insurance,'' Skipworth said.

Hageli said there are a lot of repeat offenders. He said the answer is to follow up on offenders to make sure they follow the instructions by the court.

"Somehow, we have got to make people realize just how important it is to have insurance,'' Hageli said. "Whether it's through more education and awareness or it's through tougher penalties.''

Roper said her wreck helped her understand some of her father's philosophy on insurance.

"He always said you can't have enough insurance. I'm a firm believer in that now,'' she said.

Tom Smith can be reached at 740-5757 or tom.smith@timesdaily.com.