Legal Question in Insurance Law in California

Hit and Run who's paying?

I had my vehicle parked on the street last night. A vehicle being chased by the cops hit my vehicle. My vehicle has been declared ''total'' by the officer preparing the accident report. My parents removed me from their insurance 5 days ago. My first question is, I paid for the whole month of november/03 even if my mom removed me prior to the due date, am I still covered until the end of the month or the day she called? Second, if that vehicle was stolen, is the insurance from that vehicle still covering my expenses?


Asked on 11/27/03, 3:39 am

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Hit and Run who's paying?

Your question leaves some key facts unclear. You say you paid for the entire month of November but you don't say to whom you made the payment. If your mother is the policyholder, my guess is that she is the one who pays the premiums and that you send your payments to her. If that is the case then your agreement is a private matter between you and your mother; the insurer has nothing to do with it and is not responsible to you at all.

As Messrs. Cohen and Murray point out, you may have a variety of rights relating to this policy. Many of those rights only apply if you are a policyholder.

Without more facts, I don't know what advice I can offer.

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Answered on 12/03/03, 12:44 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: Hit and Run who's paying?

You can certainly make a claim against the driver of the stolen car. Whether the owner was negligent is a question for which I do not have facts. Whether you are on the policy depends on whether the agent transmitted the cancellation to the insurance carrier immediately. If so, your mother would get a pro rata refund. If you are still covered and there's no coverage for the other car, then you might collect on your uninsured or underinsured motorist coverage, if any. Talk to the insurance agent immediately and explain the situation. Good luck!

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Answered on 12/01/03, 10:18 pm
Steven Murray Steven W. Murray, APC

Re: Hit and Run who's paying?

Did you get a refund check? If not, there is case law that a policy remains in effect until the premium is actually returned. The fact that a cancellation was requested thus may not be determinative. If you now get a refund check, hold and do not deposit it until this is resolved.

And the other vehicle may cover your losses depending on the circumsances of its theft. Owners can be held statutorily liable for damages caused by other drivers.

Finally, depending on your city's ordinances or law enforcement department policy, you might be able to file a claim with the law enforcement agency.

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Answered on 12/02/03, 1:12 pm


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