Legal Question in Personal Injury in California

Does Insurance carrier have to cover?

Heelo,

I was involved in an accident in which I rear-ended an auto that hit another auto in the rear also. The auto I was driving is not registered in my aname and I was considering to purchase it. I did buy auto insurance for my personal auto and this other auto (the one involved) just to be safe. As it turns out the registered owner did not carry auto insurance and my policy supposedly was cancelled/terminated two days following the accident. The insurance company said it did not recieve a payment and after 30 days they can cancel-after 60 days they terminate -the accident took place 58 days after supposed payment due. My insurance agent paid the premium one day after the accident-thinking there must have been an error (59th day) and the company sent a letter that if payment was made prior to the date of termination they "may" cover. The company now refuses to pay and I am being sued in court. What ca I do?


Asked on 5/23/00, 3:16 pm

2 Answers from Attorneys
Dean Gordon Law Office of Dean B. Gordon

Re: Does Insurance carrier have to cover?

You should contact an attorney experienced in insurance matters who has an office in the county where you are being sued. There are strict requirements regarding cancellation of automobile insurance. If the insurance company did not follow those procedures, you may be covered. Also, the attorney should write a letter to the company demanding that they provide coverage and putting them on notice of their potential liability if you are found to be at-fault and it is determined that you were still covered. Talk with people who you trust and respect to get the name of a good attorney. Alternatively, you can contact your local Bar Association for the name of an attorney who can help you.

THIS IS NOT INTENDED TO BE SPECIFIC LEGAL ADVICE. I DO NOT HAVE ALL OF THE PARTICULARS OF YOUR CASE. YOU SHOULD CONTACT AN ATTORNEY ASAP.

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Answered on 7/05/00, 12:49 pm
Jonathan Colman Jonthan H. Colman and Associates

Re: Does Insurance carrier have to cover?

I agree with the prior posting. There are often circumstances which may result in coverage being afforded by the company or even your own agent.

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Answered on 7/05/00, 2:22 pm


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