QUESTION

If I got into an accident and it was fault on the other driver, my insurance lapsed 3 days prior; will his insurance still cover the payoff of my car?

Asked on May 11th, 2017 on Personal Injury - California
More details to this question:
I got into an accident. The guy ran a red light and T-boned my car, it is a total loss. Cops were there, witnesses and I had a dash camera in my car that took video. I'm getting chiropractor therapy but all I really care about is the loan I still owed, because I know no matter what I still owe on it. I have an attorney on the case for the past month but I just realized that my insurance closed my claim a few days ago because I was lapsed. I am so stressed. I’ve gotten a letter in the mail from my auto financing bank demanding that I pay in full my balance ($13,000) within 3 days but this is because they haven’t heard anything at all from any insurance. What are my options or consequences even though it wasn’t my fault? This has been a horrifying experience. I am still young only 22 years old that was my first car with my own credit. Now my credit will ultimately be ruined if the auto bank charges off the balance to my credit.
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1 ANSWER

You should be asking these questions of your attorney; you hired him/her to represent you and they need to. Assuming your attorney does not return your communications, the answers are: 1) your lack of insurance only matters as to the law that states if you are uninsured you can not collect anything for pain and suffering; 2) insurance policies normally have a 30 day grace period so that you are still covered up to 31 days after the date your last premium was due; 3) insurance companies only have to pay the lower of either the value of the car just before the impact or the cost of repair [check to see what your car loan agreement says, if anything, about what happens in a car accident]; 4) you can file a complaint with the State Insurance Commissioner that the other carrier is not acting to try to resolve the case [but he can not force them to settle] and; 5) your attorney will get the insurance carrier to pay more of the DC billing [and get the DC to reduce how much you have to pay him back] than you could and might get more of a wage loss and car rental claim then you can, but that is relatively easy and not too time consuming but you will be paying 1/3 of the settlement for that [most attorneys do not charge for the property loss claim; unless your injuries end up with a high medical bill [insurance companies dislike DC's], the case probably is not worth much to the attorney as to fees so the case will not be among those with priority.
Answered on Aug 06th, 2017 at 4:21 AM

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