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 Posted: Tue Dec 16, 2008 4:56 am Post subject: I got in a minor |
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| I got in a minor car accident (in CA) recently and no police report was made. My car was damaged but the other was not. My driver's license has expired but I have current insurance. The accident was my fault. Will my insurance cover the damages on my car? Will my insurance deny the claim? |
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Geronimo
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| Posted: Tue Dec 16, 2008 6:00 am Post subject: insurance |
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Wanna say "Hi".welcome to the forum. I'm not sure how to answer your question correctly, so, I'll wait until one of our 'experts' come along. I just wanted you to know that your post was heard. Hang in there...someone will be along soon.  |
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sdchargersfan
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| Posted: Tue Dec 16, 2008 6:17 am Post subject: |
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| Your claim won't be denied for not having a valid drivers license. But if your carrier finds out, they will non-renew or more likely, cancle your policy. You don't need auto insurance if you can't drive legally. |
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tcope
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| Posted: Tue Dec 16, 2008 6:23 am Post subject: insurance |
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| Ya know, I never knew that..if you haven't re-newed your license, your Insurance may cancel you?? REALLY? WOW!! MY DL 'expires' the end of this month. I think Smathers ( a tiny insurance agent) takes the payments to re-new DLs. |
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sdchargersfan
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| Posted: Tue Dec 16, 2008 7:21 am Post subject: |
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Hi tcope,
This is a real good piece of information. Even today I find that a few of us only remember our responsibility to get the DL renewed before we drive out.
I'd accept if you're saying that the insurance carrier reserves the right to cancel my insurance if I'm legally not permitted to drive. But, I'd still like to ask you regarding any sort of penalties that might influence this claim!
ArindamSenIndies |
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ArindamSenIndies
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| Posted: Tue Dec 16, 2008 7:27 am Post subject: |
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Well, the insurer may recognize the claim if its not written otherwise in the policy document. You seriously need to read the policy document in order to know the answer.
BTW, I guess you have a valid reason to drive with expired license. Driving with an expired license is as good as driving without license. Hope you understand and as tcope has mentioned the insurer may decide not to renew the policy at the next renewal. And if that happens, it'll cost you dearly since other insurer may also deny you a coverage in that case. |
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simon
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| Posted: Tue Dec 16, 2008 8:33 am Post subject: |
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I've heard something called the ‘proximity cause' may get applied to such situation, though I'm not sure how does it work. Can someone take the time to explain the thing to me?
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coffeeandcaramel
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| Posted: Tue Dec 16, 2008 2:29 pm Post subject: |
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| Quote: | | I've heard something called the ‘proximity cause' may get applied to such situation |
Never heard of it. It would be next to impossible for a carrier to deny a claim for the person not having a drivers license. The policy basically states that they will issue payment when the insured is liable and I've never seen an exclusion for the person not being licensed to drive (as it does not change the situation). |
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tcope
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| Posted: Tue Dec 16, 2008 2:36 pm Post subject: |
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| Quote: | | But, I'd still like to ask you regarding any sort of penalties that might influence this claim! |
there will be no penalty unless he waits a long time to report it, other than as t has explained...
OP, if there was no police report, get your happy butt to the DMV TODAY and renew your license, while you are walking out the DMV door, call your carrier and report the claim..
Here is the fancy definition:
| Quote: | | n. a happening which results in an event, particularly injury due to negligence or an intentional wrongful act. In order to prevail (win) in a lawsuit for damages due to negligence or some other wrong, it is essential to claim (plead) proximate cause in the complaint and to prove in trial that the negligent act of the defendant was the proximate cause (and not some other reason) of the damages to the plaintiff (person filing the lawsuit). Sometimes there is an intervening cause which comes between the original negligence of the defendant and the injured plaintiff, which will either reduce the amount of responsibility or, if this intervening cause is the substantial reason for the injury, then the defendant will not be liable at all. In criminal law, the defendant's act must have been the proximate cause of the death of a victim to prove murder or manslaughter. |
In other words, it has to have been caused by the action of 'the one'
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Lori
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| Posted: Tue Dec 16, 2008 9:17 pm Post subject: insurance |
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| In my state ( what I was told, anyway..) you can't get Insurance or a Registration ( in 'YOUR' name) without a valid DL. I have to re-new mine by the end of December. I would have a slip stating I DID re-new it, but, I will have 30 days to actually get a new photo done, for my DL. |
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sdchargersfan
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| Posted: Wed Dec 17, 2008 8:48 am Post subject: |
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Hi Lori,
It is a good definition. Just one thing..the definition lets me to believe that there could be instances wherein the damage could actually be the outcome of more than one proximate causes. It could also be a case wherein the intervening cause would ultimately lead to another proximate cause (not evident initially) which was not the basis of the lawsuit..would this help the plaintiff in his lawsuit for damages?
Purpleheaded08
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Purpleheaded08
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| Posted: Wed Dec 17, 2008 12:40 pm Post subject: |
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| Quote: | | wherein the damage could actually be the outcome of more than one proximate causes. |
absolutely...you have to (in your investigation) drill down to the proximate cause, that cause (person) will bare the weight of the liability now it could be another has some percentage of negligence also attributed to them...but the proximent cause stays the same.
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Wed Dec 17, 2008 7:37 pm Post subject: insurance |
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| "Proximate Cause"?............can someone give me a 'definition' of what this means? some example, please? |
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sdchargersfan
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| Posted: Wed Dec 17, 2008 7:44 pm Post subject: |
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With quoting, proximate cause is the main or primary reason why something happened. There can also be secondary causes or things that "helped" something happen.
Vehicle A hits car B, pushing car B into car C. Car A is the proximate cause of the damage to car C. |
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tcope
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| Posted: Wed Dec 17, 2008 7:48 pm Post subject: insurance |
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| OIC!! I understand now. WOW!! I never heard of these 'fancy' terms before..LOL Thanks for the claification. |
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sdchargersfan
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