Legal Question in Insurance Law in Florida

who is responsible for the deductible?

I purchased car insurance at 4 p.m. on a weekday. Later that day I backed out of a parking spot and my bumper scraped down the side of another vehicle that was driving by. My insurance claims I am not covered because my coverage did not start until midnight that night. The other vehicles insurance company sent me a letter saying they paid for the damage done to their clients car, but I am now responsible to pay the insurance company back the full amount. The person I hit also called me and said that they want me to pay their 500 dollar deductible or they will take me to court. I'm not sure what charges I am legally responsible for.


Asked on 6/21/02, 2:58 pm

2 Answers from Attorneys
Michael Tobin Michael M. Tobin, P.A.

Re: who is responsible for the deductible?

The answer depends upon whether the agent actuallty bound your coverage at 4:00 PM. If so, you are covered for the accident that day unless you asked for coverage to start the next day. Often cars are bought and bound from the dealers lot and coverage commences at that moment. If you are responsible it is for the full amount of the damage including the deductible. You may have a claim against the agent for not binding coverage immediately as is customary.

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Answered on 6/21/02, 3:30 pm
Jerry Setchel Barr, Murman, Tonelli, Slother & Sleet

Re: who is responsible for the deductible?

The answer to this question requires additional facts. Was your coverage "bound"? Did the agent/broker tell you that a "binder" would issue to cover you until the actual policy was issued? did you pay the full premium for the policy? Feel free to contact our office to discuss this further if you wish.

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Answered on 6/21/02, 3:36 pm


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