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Car Accident with lapse in insurance

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jude11142

Junior Member
What is the name of your state? CT
My daughter was in a car accident 2 weeks ago. She was driving home and was hit by another vehicle. She was injured and just underwent surgery for a fracture, plus she had injuries to her knees and right leg. The driver of other vehicle was not injured, and he was drunk. He was arrested at the scene for driving while intoxicated, plus he was on probation.
Now, here's the problem. The car is registered under my name as is the insurance. When we pay the premiums, we split the cost. I pay premium, she pays the next one etc...She was late paying the last premium and we got a letter stating insurance would be cancelled as of 3/16/05. She planned on paying it with her next paycheck so she didn't even tell me. I was unaware of this until the 20th of March(which ironically was the date of accident). When I called to pay premium, I was told the effective date would be 3/22/05. Now, we did hire a lawyer because of her injuries and the car was totalled out by other insurance company(they came out today and deemed car totalled). The lawyer knows about the insurance problem and told us that it didn't matter. I suppose that she knows the law, as she took the case on a contingency basis. The reason why I'm asking here, is because I am going nuts with hearing my son and husband who are both furious with daughter/sister about lapse in ins....they keep saying she won't get the money for car and won't get her medical bill paid et....they state, "she shouldn't of been on the road with no insurance, so she loses"....Is that the way the law/insurance companies see it? We have a total of 3 cars under policy and have been with same company for 3 yrs. with no previous claims.
So, does she have a valid claim here? I would assume so, since the other insurance company seemed not to have a problem with totalling her car.
Thank you,

JUDE
 


MandyD

Member
Well, let me try to post this again and hopefully it'll take.

Insurance, or lack thereof, isn't a factor when determining fault.
 

Happy Trails

Senior Member
jude11142 said:
What is the name of your state? CT
My daughter was in a car accident 2 weeks ago. She was driving home and was hit by another vehicle. She was injured and just underwent surgery for a fracture, plus she had injuries to her knees and right leg. The driver of other vehicle was not injured, and he was drunk. He was arrested at the scene for driving while intoxicated, plus he was on probation.
Now, here's the problem. The car is registered under my name as is the insurance. When we pay the premiums, we split the cost. I pay premium, she pays the next one etc...She was late paying the last premium and we got a letter stating insurance would be cancelled as of 3/16/05. She planned on paying it with her next paycheck so she didn't even tell me. I was unaware of this until the 20th of March(which ironically was the date of accident). When I called to pay premium, I was told the effective date would be 3/22/05. Now, we did hire a lawyer because of her injuries and the car was totalled out by other insurance company(they came out today and deemed car totalled). The lawyer knows about the insurance problem and told us that it didn't matter. I suppose that she knows the law, as she took the case on a contingency basis. The reason why I'm asking here, is because I am going nuts with hearing my son and husband who are both furious with daughter/sister about lapse in ins....they keep saying she won't get the money for car and won't get her medical bill paid et....they state, "she shouldn't of been on the road with no insurance, so she loses"....Is that the way the law/insurance companies see it? We have a total of 3 cars under policy and have been with same company for 3 yrs. with no previous claims.
So, does she have a valid claim here? I would assume so, since the other insurance company seemed not to have a problem with totalling her car.
Thank you,

JUDE

Mandy is right, if they find your daughter wasn't at fault, the other insurance company should take care of her damages. Hopefully, the other driver had insurance. If the other insurance company gives you any problems, then you would not have the benefit of your own insurance company fighting for you (since she let it lapse). (You would be on your own trying to collect damages.)

I agree with your husband and son about being furious; you should be too. She should not have been on the road.
 

jude11142

Junior Member
Thanks to both of you for your responses. I am also very angry at her too for not being responsible enough to pay her share. She is 20 yrs old, not a 16 yr old and should of known better. I hope that she now understands just how important having insurance is.
The other person did have insurance and they have already gone to see vehicle and they totaled it out. Hopefully, all the medical bills will be paid.
From now on, I will pay all the premiums as they come in and she can give me her share, this way I know that it's paid. Whew, one more yr of school for her and then she is on her own to get her own policy.
Thanks again,

JUDE
 

Happy Trails

Senior Member
jude11142 said:
Thanks to both of you for your responses. I am also very angry at her too for not being responsible enough to pay her share. She is 20 yrs old, not a 16 yr old and should of known better. I hope that she now understands just how important having insurance is.
The other person did have insurance and they have already gone to see vehicle and they totaled it out. Hopefully, all the medical bills will be paid.
From now on, I will pay all the premiums as they come in and she can give me her share, this way I know that it's paid. Whew, one more yr of school for her and then she is on her own to get her own policy.
Thanks again,

JUDE

That's a good idea! That is how I do it for my 20-year old daughter (still in college). Sometimes she owes me for a little while, but she is learning her responsibilities. I look forward to my daughter getting her own policy as well.

I would be too stressed out if she were to accidently let it lapse.
 

MandyD

Member
Exactly Happy Trails. My middle boy is 21 and he was (until this last week when he joined the Army) on my insurance also. There was no way in heck I'd leave that to him. It's my insurance that's in jeopardy if he flakes out. He had to hand me his portion of it for me to pay or his car was off the road. Fortunately, in NY, if you go even 1 day without insurance, the DMV is notified and we're fined for each day without.
 

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