Legal Question in Insurance Law in District of Columbia
Auto Accident After Insurance Had Been Canceled
In July 1995, my vehicle, driven by my friend, was totaled. Drivers of both vehicles were ticketed.
When I notified my insurance co., they gave me a claim number, came where my vehicle was towed, took pictures, and left but later said my insurance was canceled for "underwriting guidelines" two months earlier. No one informed me that the insurance had been canceled.
While I had the vehicle, I moved from the address previously given to them, which was my parents. I never notified them of the move because the complex where I lived, the mailboxes were broken. It was one block away from the address originally given. They are claiming that I didn't notify them of the move. I was over my parents house everyday. Although I rented an apartment, I was never there because of the drug activity.
They are claiming that it was sent but returned unclaimed. I did make an effort to claim it but I don't get home from work until after the post office is closed. The Saturday I did try again, it was already returned. I never knew who it was from and they couldn't tell me.
The insurance company is refusing to pay for the vehicle and the other driver is now suing me. What should I do? Do you think that I could use "contributory negligence"?
2 Answers from Attorneys
Auto accident after insurance cancellation
Whether or not the policy was properly cancelled requiresconsideration of many issues and evaluation of the supposedcancellation paperwork. My principal office is in Fairfax and I practice in D.C., incluidnginsurance disputes such as yours.I would be happy to speak to you.
Accident/cancelled insurance
They may or may not have validly cancelled your insurance -- there are a number of issues that would need to be considered. But you need first and foremost to worry about defending the lawsuit. If both drivers got tickets, contributory negligence may be a realissue (and in DC, any contributory negligence completely bars a claim). As the owner of thecar, you are only as liable as the driver (inDC, the driver is the implied agent of the owner, provided he was driving with permission). Did the driver have his own insurance? If so, it should defend him and pay any judgment up to the policy limit. Youcould, to an extent, let your defense ride onhis insurance defense lawyer's coattails.
You may also have a claim for damage to your car against both the other driver and thedriver of your car.
One thing. Don't try to do this alone. Geta lawyer. I do both plaintiff and defense work in DC; call me if you want to discuss thematter further.
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