The other driver ran the red light and plowed into him. The driver SWORE she had the light and the cop at the scene found my husband at fault! My husband confessed that he forgot to pay OUR insurance policy and it had been cancelled!
Her insurance company denied our claim, of course! We went to court to fight the traffic violation, the other driver never showed and the judge dismissed the citation, ruling in our favor. With the the citation gone, basically finding my husband NOT at fault, can refile the claim with other driver's insurance company?
2007-03-12 15:46:31 · 7 answers · asked by DeeLovely 1 in Cars & Transportation ➔ Insurance & Registration
Dismissing the ticket will not make a difference. Her company denied your claim because they do believe their insured. They believe that she had the green light which means that they are going to pay for the damages to her vehicle and they are going to come back after you personally for the damages to her vehicle. They will ask for the full amount and if you can't pay in full they will set you up on a payment plan.
Just because the citation is gone does not mean that your husband is not at fault for the accident. You can refile but they will deny it again
2007-03-13 02:50:31 · answer #1 · answered by blb 5 · 1⤊ 0⤋
No, your husband was driving without insurance, period, his situation hasn't changed just because the person didn't show for court. Their situation has changed, your's is still there and you two will have debt to repair your car, and you will likely be required to carry an "SR22" form of insurance because you lacked carrying insurance, then the accident w/o insurance. This usually lasts for three years, and it's usually best to carry it on just one car and make that the car your husband drives. Put exclusions on your other car policies, and do not let him drive those cars, this will reduce your premium. You will have issues to settle with the DMV, there is likely an automatic suspension for driving w/o insurance, and a fine. This will be separate from the court issue regarding the accident. Contact your DMV for info on what you need to do to keep your husband's license intact.
2007-03-12 17:34:24 · answer #2 · answered by fisherwoman 6 · 0⤊ 0⤋
You got so lucky. I would take the judge's ruling as a blessing, I wouldn't push things too hard with the insurance company, you might find yourself in small claims court being sued for that womans car. Almost the same incident happened to me years ago, my license was valid , but in the state of Florida PIP and Liability aren't sold together like it was for so many years before, so when I renewed my insurance with another company the man asked me if I wanted insurance so I could renew my tag I thought it was a dumb question at the time--I had my newborn daughter with me, she was crying etc I was in a hurry etc-- bottom line I was up to date with my insurance I was charged with the accident, found to be uninsured because I bought PIP that day no Liability I put my insurance papers in the glove box and never read them untill the day of the accident. I was sued,lost my drivers license fined out the a--- lost my safe driver credits, was forced to carry a SR22 for 3 years BUT I technically didn't break any laws in the state of Florida, just bought insurance Fl has said that's all the drivers need UNLESS you get into an accident--I thought that's why we buy insurance. so really--Be Carefull!! don't push your luck. Oh and I spent a day in jail to.
2007-03-12 16:14:11 · answer #3 · answered by selectiveimage 2 · 0⤊ 1⤋
It can't hurt to try. Get a copy of the case number, date of hearing and all the other details from court. Contact her insurance company. If they aren't helpful you can contact an attorney. There are lots that would take this case.
In the Commonwealth of Virginia~ if a driver is not licensed and is in an accident they are at fault no matter what (even if they are rearended) because they were driving a vehicle illegally. You got lucky!!
Good luck
2007-03-12 15:53:22 · answer #4 · answered by d f 3 · 0⤊ 1⤋
properly you and a properly lawyer and your coverage will ought to take a seat down down and communicate approximately this. the reality is, the temporary or eternal disability can ultimate be mentioned after a protracted medical gauntlet that takes a good number of time--so no money will come for particularly a on a similar time as. Any fake injury declare is fraud and all injury cases are investigated by using very own eyes employed during the coverage producer. they're going to adjust to you for weeks--the many times happening time you like up despite the fact that over that 10 pound restriction--you would be able to have been had.they have video cameras in autos that seem to be only like the cellular producer or a gentle mom's soccer van exterior your apartment. do no longer play soccer or paint your apartment or cavort below the effect of alcohol at a bar b que--in the event that they movie despite the fact that that proves you're no longer injured--this is fraud--guess who can provide up each cent for injuries already paid out??? You !! you ought to pay it returned or they circulate forward with the fraud charges and that's reformatory TIME. only get extra effective and neglect approximately it.
2016-11-24 23:42:01 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You can try, but if you weren't covered during the time of the accident, they won't pay. They may allow you to reinstate insurance for the future, but they will want to know what damage was done to the car during the accident so that if you are in a future accident, they know not to cover the damages already done to the car, only the new ones.
2007-03-12 15:56:30 · answer #6 · answered by Mariposa 7 · 0⤊ 1⤋
The insurance was allowed to lapse on your vehicle, and you let him drive? Do you not keep track of important things like that? You let him drive without a licence? He was breaking the law. That can be used as grounds to deny a claim.
2007-03-12 15:54:06 · answer #7 · answered by Fred C 7 · 1⤊ 0⤋