QUESTION
What can I do if insurer won't pay because insurance was cancelled after accident?
Asked on Jul 12th, 2013 on Personal Injury - Oregon
More details to this question:
I was involved in a car accident. The other party had insurance and admitted fault to the police and his insurer. I immediately filed a claim with his insurance company, but they called back later to say his policy was cancelled two weeks after the accident, so they're not going to pay. Don't they have to pay since he had coverage on the day of the accident? What can I do?
13 ANSWERS
Ronald A. Steinberg
The insurance company cannot avoid paying if they canceled after the accident. If the insurance was in force at the time of the accident, they are "on the hook." If they will not pay, then sue their butts.
Answered on Aug 15th, 2013 at 8:17 PM
4 Awards
They do not have to pay you anything since they are not your insurer. they only have to pay you if their insured is determined to be at fault. However, if they are wrongfully denying coverage to their insured, you may be able to take an assignment of a cause of action that their insured may have against them for bad faith denial of coverage. This is a complicated situation and as you can see, very difficult to explain. You really should hire counsel.
Answered on Jul 16th, 2013 at 8:52 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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You are correct that the operative date is the date of the crash, not some later date. If the other party was insured on the date of the crash, the insurer would/should pay for any liability claim wherein you are able to prove the negligence of their insured, that your injuries were caused by such negligence and that such injuries meet the Michigan threshold of a serious impairment of a body function. It is your insurer that pays for collision damage as well as Michigan No Fault Benefits (ie: wage loss, medical treatment expenses and replacement services).
Answered on Jul 15th, 2013 at 7:38 PM
NA richard@jandjlaw.com
Yes, well, if coverage was in effect at the time of the accident, it doesn't matter if the insurer canceled later on. Do you have insurance coverage on your vehicle? If so, did you have PIP and / or UM. If you did, then you need to get with your insurer, and report the accident, too. Your insurer can probably help you with your liability claim against the insurer for the at fault driver.
Answered on Jul 15th, 2013 at 7:37 PM
James Eugene Hasser
You can sue the driver or make a claim on your own insurance and let them worry about getting their money back. There should be coverage for the other driver, though, as long as there was coverage on he date of the accident.
Answered on Jul 15th, 2013 at 7:37 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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The insurance carrier can't lawfully avoid coverage for an accident by cancelling the coverage after the accident has occurred.
Answered on Jul 15th, 2013 at 7:37 PM
Yes, they have to provide coverage if the policy was I effect at the time of the accident. Tell them that if they will not provide coverage you will file a complaint with the State Insurance Commissioner; insist that they tell you the legal basis for not providing coverage.
Answered on Jul 15th, 2013 at 7:36 PM
Medical Malpractice Attorney serving Valparaiso, IN
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Langer & Langer Attorneys at Law
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If the person at fault on the day of the collision had liability insurance on the day of the collision, that insurance should still be valid. The insurer might deny coverage for misrepresentations by its insured or non payment of premium.
Answered on Jul 15th, 2013 at 7:36 PM
Thomas Edward Gates
You need to retain an attorney to assist you in this matter. Because the other party was under coverage at the time of the accident, the company is liable.
Answered on Jul 15th, 2013 at 7:36 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If there was coverage on the day of the collision the insurance co owes you. cancelling after the fact means nothing. someone has misinformed you or you did not understand. why don't you call and ask for a supervisor to explain to you and if they continue, ask them to reduce their position to writing for you.
Answered on Jul 15th, 2013 at 7:36 PM
Motor Vehicle Accidents Attorney serving Van Nuys, CA
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Law Offices of Andrew C. Sigal
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If the policy was in effect ON THE DATE OF THE ACCIDENT, then the insurance company is obligated to pay for your damages and injuries. If the policy was NOT in effect on the day of the accident, then the insurance company is not responsible to pay for your damages and injuries.
Answered on Jul 15th, 2013 at 1:54 PM
Personal Injury Attorney serving Kansas City, MO
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Nash & Franciskato Law Firm
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Yes. The insurance company is still responsible if there was coverage on the day of the accident.
Answered on Jul 15th, 2013 at 1:12 PM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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If the at fault party had coverage when the crash occurred, then they will have to pay. If for some reason they did not have coverage, then you can make a claim on your Uninsured Motorist coverage on your own policy.
Answered on Jul 15th, 2013 at 12:41 PM