Legal Question in Insurance Law in Ohio
I was rear ended in an accident back in September 2013. I started having back, neck, and leg pain that evening and ended up seeing a chiropractor for a couple months to treat moderate whiplash and muscle spasms that caused sciatica. The driver had purchased the car 36 days before the accident and failed to add it to their progressive policy. My claim was denied by progressive for that reason. I was able to get in contact with the driver and was informed that they had discharged bankruptcy back in 2012 and their previous car was listed. They recieved a notice of repossession and that was the reason they bought the new car. According to progressive if a car is purchased as a replacement and not added to the policy they will not cover comprehensive and collision but the liabilty still applies. The car was not picked up by the lein holder until after the wreck. The driver also had and still carries an sr22 filing. Is progressive right in denying coverage? I would like to be compensated for my bills, the two weeks of extreme pain, the discomfort of multiple adjustments and treatment by the doctor, and the inconvenience. The driver has few assets and low income.
2 Answers from Attorneys
You're dealing with some complicated insurance law issues based upon a complicated set of facts. I would recommend to you, as I recommend to all individuals injured in a motor vehicle collision, that you consult with an injury attorney - preferably one who is an Ohio Association for Justice or American Association for Justice member. Should you not have an attorney, I would be happy to speak with you about your situation at my contact info below.
I echo what John said about your situation. Insurance coverage issues can be tricky and there is way too much involved to give you a definite and accurate answer with the limited information available. Please call an attorney who specializes in injury and insurance law to discuss your case. I urge you to do this sooner rather than later. Feel free yo call me if you wish.
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