QUESTION

Auto accident claim may be denied, car was insured, operator's insurance had been cancelled.

Asked on Dec 05th, 2014 on Automobile Accidents - Massachusetts
More details to this question:
Accident occurred when I was driving a vehicle owned and insured by my girlfriend. The claim is possibly going to be denied since the insurer may consider me to be an "occasional" driver (living in the household, but not related by blood or marriage) using the vehicle once or twice a week for errands nearby. My auto insurance had been cancelled due to payment rejection (approx. 30 days prior), and I had no notification (my insurer claimed to have emailed before cancelling). The local police have not yet signed off on the police report, but the insurer is indicating that it may not matter who is considered at-fault. Can being found as an "occasional" or "customary" driver be appealed or disproven?
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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In this case you may be considered a household member, due to the fact you live in the same home as your girlfriend and even though you are not of blood relation or married. Although the definition of household member may be different from one insurance company to another, due to their varying underwriting practices, this will have bearing on your case. That being said we have handled such matters where the insurance companies have attempted to deny case is based on the fact and have succeeded in obtaining settlements for our clients. Simply because the insurance company tells you something, does not necessarily make it a legal truth. As we all know insurance companies first response to most claims is deny, deny and deny. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 http://fallrivermassachusettspersonalinjurylawyer.com/ #caraccident, #lawyer, #attorney, #settlement, #personalinjury, #personal, #injury, #slipandfall, #accident, #chiropractor 
Answered on Dec 05th, 2014 at 1:35 PM

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