Legal Question in Insurance Law in Missouri

Auto Insurance claim

We had a drunk driver slam into our vehicle while stopped at a traffic light totaling the car. He carried a non owned auto policy with company A. The owner of the vehicle carried an active policy with company B. Company A explained their policy was excess and that the carrier on the owned vehicle is primary. They declined to take responsibility. Then the owner produced a bill of sale dated within the past 30 days to his carrier (company B) Company B declined to take responsibility for damages as their client sold the car to the driver prior to the accident and is not legally liable. At what point does legal ownership of the vehicle transfer from seller to buyer? The buyer made his first payment in 2007, so company A is now refusing to accept responsibility because their insured is beyond the 30 day period to report ownership of the car. However the bill of sale is dated within the past 30 days. No title has been applied for. Nor has the DMV been notified. The license plates are still registered to the seller and still on the vehcile. In addition, the seller still paid an insurance premium for the vehicle under his own policy. Two insurance carriers and both declining to accept legal responsibility.


Asked on 6/17/08, 8:47 pm

1 Answer from Attorneys
James Manning James Manning, PC

Re: Auto Insurance claim

I would need to gather more facts in order to give you an evaluation of the insurance coverage issues at play. One thing that is important to remember is that more than one policy can apply to the same accident. Also, there may be underinsured and uninsured coverage available under one of the policies you mentioned or the policy you maintain for your own vehicle. I would recommend that you contact an attorney who has experience interpretting insurance coverage issues so you can find out exactly what is going on. It sounds like there may be coverage available under both of the policies you mentioned if both were in place when the occurrence (accident) happened. Please let me know if I can be of further assistance. I would be happy to help you determine the insurance coverage available.

- James

Please be advised that no attorney client relationship exists between us unless and until I have agreed to represent you in writing. The message above does not constitute legal advice.

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Answered on 6/18/08, 9:42 am


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