I was rear ended with a lapse in ins coverage

Submitted by dmedina92 on Wed, 10/19/2011 - 23:51

I was stopped on the 134 freeway east bound and a car slammed into the car behind me. That car hit me and I hit the car in front of me. The first cars insurance has taken responsibility for the accident. I had a lapse in coverage for non-payment (that I was not aware of) for a few weeks and it happen during that time. From what I am being told their insurance policy has limits on the damage it will pay for. More then likely it will fall far short of what the damages of my car are. Any advice? Since I had a lapse in coverage am I just out of luck?

Posted: 20 Oct 2011 12:38 Post Subject:

The only way the other carrier will pay anything is if you sign a release for that amount. If you don't sign, they won't pay and you can feel free to file suit against their insured. You'd have a great case but you'd still need to file suit. If you obtain a judgment then the other carrier will simply pay what they offered to start with and you can feel free to pursue their insured for the difference (i.e. collect on that judgment).

Posted: 25 Nov 2011 10:23 Post Subject:

I think you have to review the overall effects of fact, as it seems to a complete problem, take advice from a lawyer.

Posted: 25 Nov 2011 11:23 Post Subject:

The other party's insurance would obviously pay up to it's limit and not more than that, that's why we have our own insurance. You should have been more careful in not letting your insurance lapse, because more often accidents seem to happen when your coverage is breached for a while.

You can sue the other party but then, be ready to share that claim amount with the attorney, so you won't actually gain much.

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