QUESTION

i was involved in an car accident in which a friend died ,my insurance payments were 28 days apart that month,yet the insurance company denyed coverag

Asked on Dec 09th, 2013 on Automobile Accidents - Indiana
More details to this question:
this was 3 years ago and a friend was three times the legal blood alcohol limit jumped in the back of my truck as i pulled out on the street ,then fell out while jumping around ,hit his head and died. My insurance payments for that month were 28 days apart ,and they claimed i was not covered with no explanation. now im being sued in a civil suit. is this really legal?
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1 ANSWER

Dear Anonymous, Your question raises a lot of legal issues.  As an Indiana attorney that has been involved in both representing injured persons, as well as defending claims for insurance companies, I can see that there are too many issues for me to address in a just a few paragraphs.  However, based on what you have stated, I would implore you to seek out competent legal counsel as this appears to be a very serious situation.   It is possible that you did have insurance coverage available to you at the time of the accident, and just because your insurance company has denied coverage and is not offering you a defense in the wrongful death case, does not mean that you should try to represent yourself in a lawsuit.  Insurance policies are contracts, and presumably your insurance company has taken the position that they do not need to defend or indemnify you because you breached the contract.  Oftentimes, an insurance company with file a legal action against their insured seeking a "declaratory judgment."  Basically, this is a lawsuit where the insurer sues their own insured, seeking a ruling from the Court that says, "we are not obligated to defend or indemnify this insured because they breached our contract."  In Indiana, the duty of an insurance company to defend their insureds is broader than the duty to indemnify (pay the claim), and therefore you might be entitled to an attorney, hired and paid for by your insurance company, to defend you in the wrongful death lawsuit. Your first step is to hire a lawyer of your own choosing to determine whether you might have any arguments against your own insurance company that would avail you of coverage.   If in fact you do not have any available coverage, then you are going to need a lawyer to defend you in the wrongful death case.  There are deadlines for responding to the Plaintiff's Complaint, and litigation is not something you should try to handle on your own.  Keep in mind, if you do not have insurance coverage, and are found to be responsible for your friend's death, then your personal assets are at risk if a judgment is obtained against you.  That means you either pay, or try to discharge the judgment in bankruptcy.  Furthermore, not all judgments are dischargeable in bankruptcy.  For all of the aforementioned reasons, you need an attorney! Best wishes, Chip
Answered on Dec 10th, 2013 at 11:50 AM

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