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In the state of MN if the insurance company does not catch your DWI is there a statue of limitation on how long they have to
Anonymous4 views4 answers
I had a DWI and my insurance company has not to have appeared to see that I have. I want to switch insurance but will the new one have the right to put me on risk? Its been around 2 and half years ago.
W. Harvey SkeesDUI / DWI AttorneyMinneapolis, MN ·
In my experience in speaking with people in the industry and feedback from prior clients it appears that most insurance companies use the "3 year" look-back rule even if the date of discovery is months or years after. After further inquiry, it was determined that most insurance companies use this time period in that most people would quickly discovery that they can change insurance companies to a better rate if their insurance company holds the DWI/test failure against them longer than 3 years. In other words, if everyone else will only count it against you for 3 years and your current insurance company wants to use a longer period then why would you stay with them to pay more money? Hope that helps.
Thomas C GallagherCriminal Defense AttorneyMinneapolis, MN ·
No, there is no law preventing it. If you look around, however, you should find that some insurance companies look back three years, while the better ones look back five years, in determing whether to reject an applicant for insurance based on a DWI or "implied consent violation." Most people will avoid switching at least that long.
As a DUI attorney, I hear complaints from individuals convicted of DUI about how high their insurance rates rise after they were convicted or pled guilty.
It is difficult for an attorney to know how to respond to your question because we have little control over how an insurance company rates their risk of having you as an insured.