Legal Question in Insurance Law in California

Possible Late Claim

I was in an auto accident last Oct '03. I had insurance at the time (21st Cent.), but the vehicle I was driving when the accident occurred was not insured. I failed to file a claim to my company and now the other party's insurance company is seeking payment from me and sent my information to an legal consultant to address the issue. I am no longer insured with the same company. It is possible for me to still file a claim for the accident with a company I'm no longer with and will my company pay for the damages that were incurred with the fact that it was not my vehicle?


Asked on 9/02/04, 6:05 pm

2 Answers from Attorneys
Steven Murray Steven W. Murray, APC

Re: Possible Late Claim

Yes, it is still possible to file a claim now, since the "occurrence" happened while you were insured.

You might be covered if your policy does not exclude nonowned vehicles.

Immediately write the insurer a letter tendering the claim, enclose whatever you received from the other party, overnight it so you have a receipt, and see what happens.

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Answered on 9/07/04, 7:40 pm
Barry Snyder Snyder Law

Re: Possible Late Claim

The insurance that you had with 21st Century should cover you in this accident as a permissive user of the auto, even if it were uninsured. Even though you are no longer insured with 21st Century, you can and should make a claim that the company defends you under the policy. If you obtained the policy through an agent, I recommend you go to the agent and file the claim, asking that the agent send you copies of everything he sends to 21st Century. Otherwise, go to a 21st Century claims office and file a claim, immediately.

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Answered on 9/07/04, 5:36 pm


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