QUESTION
Not sure that what I would like to do falls under auto accident, it started that way but thats not the type of suit I am after now. Do I have the right
Asked on Mar 30th, 2012 on Automobile Accidents - Texas
More details to this question:
Not sure that what I would like to do falls under auto accident, it started that way but thats not the type of suit I am after now.
Do I have the right to sue
I was rearended on august 31 2011. I called Insurance company 0f the person on that day. They denied because the driver was not covered but the vehicle he was driving is covered and they covered the vehicle knowing it was in his name. The day this guy purchased the car the insurance company issued a policy. The policy was in his wife\'\'s parents name but they covered the car and not him for 6 months, I am questioning if he bought the car in his name which he did is it legal for them t write a policy just so he can get the car away from the lot and not cover him, is that fraud. Since being denied I am going to proceed with small claims court to sue the individual that hit me, but I would also like to sue the Insurance company for writing fraudulent policy which put a vehicle in this guys hand to hit me with.
1 ANSWER
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What you're asking if I'm following you correctly is, can the insurance company right insurance policy that doesn't actually cover the owner of the car. You will want to check your state laws pertaining to insuring a car, in states where you must have car insurance to drive a car, generally that insurance always have to include the owner of the car and on the additional drivers. It would not be legal for insurance company just to issue a policy that does not conform to state law, simply for the purposes of driving a car off a car lot. You would most likely fare better with the insurance agency if you hired an automobile accidentt attorney or a personal injury attorney. Many times insurance companies just give you the runaround simply because you don't know your rights.
I have responded to your inquiry according to the laws of Massachusetts, where I practice. 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 & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com
126 Shove Street Unit 202 Fall River, MA 02724
Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147
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Answered on Apr 03rd, 2012 at 2:03 PM