HIs insurance expired February 16th and he hit my car February 23rd. I want to know if his insurance company gives a grace period after the due date for payment. I called his company by the name of Traders Insurance and asked the claims examiner this question. He totally danced around my question and told me look up a statute in Kansas regarding a grace period. I asked him to send me something in writing about the grace periods they issue to each of their policy holders and he won't do it. He accused me of accusing them of deliberately not paying the claim and wouldn't let me talk to a supervisor saying they were all out of the office that day. I just want to know what my rights are or if I have any options?
2007-02-27 07:45:26 · 8 answers · asked by bmpie_2000 1 in Cars & Transportation ➔ Insurance & Registration
in California, there's a grace period. if he truly didn't have insurance you'd probably have to sue. do you have anything like uninsured motorist coverage?
2007-02-27 07:51:17 · answer #1 · answered by currious 4 · 0⤊ 0⤋
Turn the claim into your own insurance company. Give them all the info you have on this guy, including a copy of the police report. Let your insurance company pay to fix your car. You pay your deductible. Then, if the guy was still covered under the policy grace period, your insurance company will get their money back and your deductible as well. Call and ask your agent about all this. Questions are free and that's what he's there for.
2007-02-27 07:54:01 · answer #2 · answered by Anonymous · 1⤊ 0⤋
I am not a lawyer - but i know somethings about claims. Your claim is against the drunk - not his expired insurance company. it is in HIS interest to pay the insurance if a grace period - because he IS personally (or should be) on the hook for your damage (regardless of insurance) - assuming it is a liability state. You better explain to the drunk that paying up his insurance is cheaper than paying to repair your car! Do you have uninsured motorist coverage on your Insurance? If so you may have to collect on that.
Another little understood issue of most liability coverages is that the contract of insurance to the policy holder is TO DEFEND them from legal claims (and lawsuits). there is no REQUIREMENT that they automatically pay just any claim that comes in. AND thay have no relationship to you - the claimant - unless you lodge a legal claim against their policy holder - and the policy is in effect. if they skate on this grace period they are "gone". The only person that can fix that is the policy holder by immediately paying up his premium (assuming there is a grace period).
2007-02-27 08:14:34 · answer #3 · answered by Thomas E 6 · 0⤊ 0⤋
The (former) insurance company of the drunk is under NO obligation to give you any information whatsoever, so stop taking it personally. Most companies allow a grace period in which they will let the policyholder pay the premium and their policy will be reinstated, however, it is their choice. They do not HAVE to reinstate his policy under any circumstance. You best move here is to let your own company handle the collision portion of your vehicle and subrogate against the other driver. They have far more resources and leverage that you do. They will even return your deductible when (or IF) they are successful in making the lush pay-up.
2007-02-27 10:58:28 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Their insurance company cannot get into the details of the denial due to privacy laws. Just know that big huge insurance companies dont go breaking grace period laws for the fun of it- if their was coverage at the date of loss- they would take care of your claim.
All you can do now is sit back and wait for them to officially send you a denial letter or go through your insurance if you want to get it taken care of faster.
2007-02-27 09:19:23 · answer #5 · answered by Anonymous · 0⤊ 0⤋
if it was in the UK it is a criminal offence to drive with no insurance (and drink driving) so the Police would arrest him and send him to court for the insurance alone, he would get 6-8 points + a fine. You could also claim against him in the courts for the damage. alternatively if you have comprehensive insurance id call them claim from them and let themn pursue the other driver/ins company
2007-02-27 09:06:26 · answer #6 · answered by fast eddie 4 · 0⤊ 0⤋
It realy depends on where you live. The laws on this vary by state. Don't expect any information from his insurance company. If you have uninsured motorist on your policy that will cover it. To get anything from him you will most likely have to take him to court. Call an accident lawyer, their advice is free, and if you have a case, they may take it with no upfront fees.
2007-02-27 07:55:13 · answer #7 · answered by catmomiam 4 · 0⤊ 1⤋
Call a lawyer that specializes in this field and get correct information and choices as to how or if to pursue your claim. The initial consultation is usually free.
2007-03-03 00:59:52 · answer #8 · answered by Nancy B 5 · 0⤊ 0⤋