QUESTION
Is there truly a "no pay no play" if you are completely unaware that your insurance lapse?
Asked on Nov 04th, 2013 on Automobile Accidents - Wisconsin
More details to this question:
My two younger children and I were involved in a car accident on October 1, 2013. The man who hit us ran a stop sign and ignored a yield intersection and he t boned my truck, totaling my truck. I at the time was unaware that my insurance was lapsed. The man who hit us was in a company vehicle. He was not given a drug or alcohol test and we had no notification from his company until we get legal aid. When the officer ran my license my insurance company showed up. Myself and my children who are 3 and 5 years old were taken the the hospital in an ambulance. My son suffered bruising of his face and abdomen my daughter was unharmed. I am dealing with a severe concussion which has affected my eyesight and I also have chronic headaches, back pain and legs spasms. My legs will give out from time to time. The lawyer we have now is saying that they can't do anything until proof of insurance is provided from our part. But my question is even if the property damages are not accounted for, what about the personal injuries I am suffering with now? May I still be entitled a compensation from the company and the man who hit us if we use them personally. I'm not saying I want to, but we were unaware our insurance was lapse because we were not notified we paid cash up until the month before and after it was suppose to be taken out of an account. So is there truly a no pay no play if we were completely unaware ?
8 ANSWERS
Edwin K. Niles
The lawyer is correct. Civil Code 3333.4.
Answered on Nov 11th, 2013 at 9:36 AM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
If your insurance lapsed, it lapsed. Don't try to make some emotional issue out of it if the other driver is at fault it is his company that owes for all the damages.
Answered on Nov 11th, 2013 at 9:36 AM
Personal Injury Attorney serving Kent, WA
at
Law Offices of Wayne J. Wimer, Inc. P.S.
Update Your Profile
If the defendant ran a stop sign and hit you, then he and his employer should be responsible for your injuries, and to the extent that they had insurance, then his insurance company should be responsible for payment of the damages sustained.
Answered on Nov 11th, 2013 at 9:33 AM
James Eugene Hasser
You still may have insurance coverage. Talk with your lawyer about it. If the guy that hit you was on the job, the company may be liable and there would probably be commercial insurance policy involved which usually has higher limits of coverage. Again, talk it over with your lawyer.
Answered on Nov 11th, 2013 at 9:33 AM
Ronald A. Steinberg
Under Michigan law, you would be "screwed." Your kids would be entitled to No Fault benefits from the other driver's insurance, an insured resident relative of yours, or the Assigned Claims facility. Your kids could sue the other driver for their pain and suffering, but you could not. I guess that if you can prove that the insurance company failed to properly notify you that the policy had lapsed in time for you to pay the premium, then you might be saved, but I cannot guarantee that, the system being what it is.
Answered on Nov 11th, 2013 at 9:32 AM
Litigation Attorney serving San Antonio, TX
at
Graves Law Firm
Update Your Profile
If you're in Texas, the fact of lapse of your insurance coverage does not prevent you from recovering against another driver who was at fault in causing a collision. Additionally, depending on the facts of your case, you may have a good claim for coverage for yourself if your carrier was authorized to charge your bank account for your premium but did not. Many factors are relevant, including the kind of policy you had, and that issue is far too complex to reach conclusions about with only the information you've given. Talk to your lawyer about all this. If the legal aid lawyer can't or won't help with these issues, see a personal injury lawyer. The first consultation should be free.
Answered on Nov 11th, 2013 at 9:32 AM
4 Awards
I am not sure of exactly what you are asking. However, the fact that you did not have insurance does not effect your right to compensation for property damage and personal injuries. You should hire an injury attorney immediately, if you have not done so already.
Answered on Nov 11th, 2013 at 9:31 AM
1 Award
Your compensation will come from the other driver's insurance company, not from any insurance you thought you had on your car. You don't have to worry about not having insurance, since the accident was caused by the other driver, not by you. Your lawyer will get compensation for you and your children from the other party's insurance. You should get automobile insurance coverage as soon as you can. Wisconsin law requires that all drivers have automobile insurance.
Answered on Nov 11th, 2013 at 8:36 AM