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 Posted: Thu Nov 05, 2009 10:28 pm Post subject: I was in a car accident & insurance had lapse (Not my fa |
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I was in a car accident a few days ago. I went to my insurance company and they told me my insurance had lapsed due to an automatic bank payment withdraw that had returned. I was not aware of this. The accident was determained by the police that it was not my fault. I was not aware the insurance was not in affect. Now my kids and I have alot of medical bills and I have an injured back can I get compensated by the other party's insurance for our injuries even though my insurance was not effective at the time?
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Stress & Scared
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| Posted: Thu Nov 05, 2009 11:22 pm Post subject: |
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| Possibly, but you first have to file a claim with the at fault party's carrier. |
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Trench
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| Posted: Fri Nov 06, 2009 2:38 pm Post subject: |
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| I would persue that since the accident was not your fault. Not having insurance yourself should, hopefully, not affect you being covered by the faulty party's insurance. This may, however, be different if you live in a no-fault state. |
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AutoInsuranceDigger
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| Posted: Fri Nov 06, 2009 10:04 pm Post subject: |
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If liability is accepted by the other party's insurance, they will pay for your medical expenses and property damage up to the policy limits listed in their insured's policy. The fact that you were uninsured at the time of the accident is immaterial for this concern.
Your uninsured accident situation will more than likely result in some problems, unfortunately, for you. Depending on the state in which you reside, there are definitely going to be some penalties that you are going to face.
If you could tell me the state you're in, I could be more specific as to what they can do to you.
InsTeacher 
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InsTeacher
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| Posted: Fri Nov 06, 2009 11:06 pm Post subject: |
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| Quote: | | can I get compensated by the other party's insurance for our injuries even though my insurance was not effective at the time? |
most of the time, it won't matter, there are a few states with 'no pay no play' statues..these however, typcially still allow for payment of material/actual losses, (ie vehicle repairs and medical bills), these states typcially only disallow things like pain and suffering payments if you are uninsured.
At ins teach asked if you can provide the state we can be of much greater assistance.
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Lori
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| Posted: Sat Nov 07, 2009 12:28 am Post subject: |
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Damn... Lori beat me to that one. And you _don't_ want to get me started on the fact that we should not have "No Pay, No Play".  |
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tcope
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| Posted: Sat Nov 07, 2009 12:50 am Post subject: |
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| Quote: | | Damn... Lori beat me to that one. |
First quick move I've made in weeks...  | Quote: | | And you _don't_ want to get me started on the fact that we should not have "No Pay, No Play". |
I've got some thoughts on that myself, however, they may differ from yours...go on brother, let it rip...
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Lori
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| Posted: Sat Nov 07, 2009 1:37 am Post subject: |
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| I've already mentioned that I don't think NP, NP should exist. 1) not paying for insurance should have nothing to do with being fairly compensated for your own loss (there are already penalties for not having insurance... increase them if needed) and 2) NP, NP does not take into consideration why a person does not have insurance. |
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tcope
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| Posted: Sat Nov 07, 2009 2:12 pm Post subject: |
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I agree with tcope 100%
To me that NP / NP rule seems a bit on the Sadistic side of humanity.
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FK
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| Posted: Sun Nov 08, 2009 10:24 pm Post subject: |
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| Hello, i think you shouldn't be worried at all. Motor insurance policy is compulsory in many countries. This is to compensate 3rd parties from injuries that they might suffer as a result of use a motor vehicle. Since you said the police report showed you were not liable, then we could infer that the other party was liable. His motor policy should cover you then, since you are an injured 3rd party in this case. Your bills will be taken care of subject to the agreement the other party has with his or her insurance company. Just make sure that person has reported to his company. You can then go and file a claim. I dont think whether or not your policy has lapsed is relevant here. |
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sesiahe
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