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 Posted: Fri May 06, 2011 12:02 am Post subject: I have suspended DL. Am i covered in an accident with ins. |
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| DL is suspended last feb. of 2011. I was hit from behind on 5/1/11. I have progressive insurance and the people that hit me have wawanisa insurance. I filed a claim, and i plan on seeking medical treatment for my back that feels sore. The damages to the back of my car are estimated to be about $500 to repair. Will the drivers insurance(wawanisa) pay for damage to my car and take care of my medical bills as well as any pain and suffering. Or can they say no, you shouldnt have been driving. |
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justin_bobier
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| Posted: Fri May 06, 2011 11:18 am Post subject: |
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| Quote: | | DL is suspended last feb. of 2011 . . . Or can they say no, you shouldnt have been driving. |
DUH . . . and your reason for driving with a suspended license is: _________________?????
Here's the reality. If there was damage done to your vehicle, the at fault party is probably obligated to pay for it as a result of their negligence. But, depending on the state in which the accident occurred, an ABSOLUTE DEFENSE against the negligence claim might be something called "Contributory Negligence".
Under that theory of tort law, this "common law" defense states that if you were just 1% responsible for your damages, then the other party is relieved of ALL responsibility for your losses. You don't mention the state in which this occurred, so we can't fully answer that yet.
Your final statement, quoted above, is the answer to that possibility if you are in one of those states. When a person's driver license is suspended, YOU ARE NOT SUPPOSED TO DRIVE . . . PERIOD. The law doesn't care if you find it difficult to get to work, perform your duties as a delivery driver or forklift operator, go on a date, buy your groceries, or pick your nose while sitting at a red light thinking no one can see you. YOU WERE "TOLD" TO TAKE THE BUS OR WALK OR RIDE YOUR BICYCLE (or foot-powered scooter)!!
Let's see, now why would someone have their driving PRIVILEGE revoked temporarily or permanently? Driving without insurance . . . drunk driving . . . multiple citations . . . causing an accident with injuries . . . reckless driving . . . or driving on a suspended license, among others. Please enlighten us as to the reason in your situation. In most states, a subsequent conviction for driving with a suspended license is a misdemeanor punishable by 6 months to a year in county jail, in addition to any possible fine. Driving with a suspended license and causing an accident with injuries is usually a felony, for which you and Bubba might become spouses for the next 2, 3, or 5 years in state prison.
| Quote: | | i plan on seeking medical treatment for my back that feels sore. |
The accident occurred on May 1, and on May 5 you are planning to seek medical treatment? DUH . . . in what year? If your back was truly injured, you would have already obtained medical care.
The reality is this: If the damage to your vehicle is only $500, I would suspect that your back has little reason to be sore . . . other than, perhaps, it feels a case of insurance fraud coming on. That, too, is punishable as a felony. I think I hear Bubba practicing walking down the aisle to meet you at the altar. A sore back will be the least of your worries with Bubba coming at you from behind in your cell.
Regardless, your "sore back" is probably NOT COMPENSABLE because you were driving on a suspended license. Even if your accident occurred in a "Comparative Negligence" state such as California. Why not? Because there is probably a clause tucked conveniently into your auto insurance policy that says you are not covered when driving on a suspended license -- in fact, you should expect to have your insurance cancelled for doing so. The cancellation letter may even be in the mail as I write.
In "pay to play" states, like California and most other states these days, driving without insurance does not permit you to collect anything for "pain and suffering" -- things called "general damages". At best, only your actual (aka: "special" or "specific") damages might be covered.
Consider what the court meant when it suspended your driving privilege: for the next (insert length of time here), pretend you have no hands or feet with which to operate a motor vehicle. It's too bad they can't actually imposed that kind of punishment. It's fools like you who drive up the cost of insurance for the rest of us law-abiding drivers, our licensed family members, and our licensed friends.
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MaxHerr
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| Posted: Fri May 06, 2011 11:21 am Post subject: |
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| I don't think they can deny it so easily if their insured is at fault. What does the police report say? However they'll need to pay for damages caused by their insured if the person had liability coverage with them and was at fault. |
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steven
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| Posted: Fri May 06, 2011 11:25 am Post subject: |
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It appears that Steven was posting his response at the same time I was posting mine, and he did not have the benefit of some of my explanation.
It is not an absolute that your property damage will be covered by the at fault party's insurance . . . not until we know for sure in what state the accident occurred.
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CA-licensed P&C Broker-Agent and Life Agent. CA Insurance Lic #0596197. Now investigating insurance company abuses, and providing litigation support and expert witness services. Send me your questions, and I'll send you my answers. |
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MaxHerr
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| Posted: Sat May 19, 2012 5:08 am Post subject: suspended license |
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motorcyle hits back of tow truck after hitting down tree in highway , which was in road. tow truck flashing lights were on. motorcyclist has suspended license
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bob the builder
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| Posted: Sat May 19, 2012 10:00 am Post subject: |
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All of the insurance companies before paying recovery to the client analyzes the effected case. if it suits according to the company's criteria, then a person is eligible to get the recovery from the insurance company. The other thing regarding the case is recovery for the medical treatment, so in that case if its critical and mentioned in the insurance, then probably a person can get it.
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ronekenn
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