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Do I have a case to go after the Insurance Company? I am willing to fax a copy of the policy to you.

San Diego, CA |

I was in a car accident in my girlfriends mothers car, the vehicle was fully covered but the Insurance company refuses to pay for the damages to the vehicle and the injuries that I've sustained because my driver license was suspended. I do have a copy of the policy and I’ve called the company and they stated that they do cover individuals who’s license has been suspended as long as the policy is active. My question is do I have a case to go after the Insurance Company? I also was wondering if I can fax you a copy of the policy to confirm my claim

Attorney Answers 7

Posted

Who was at fault for the crash, you or the other driver? What has the other driver’s insurance company said? If you were not at fault then the status of your driver’s license should not matter. For their defense to be valid the policy must specifically state that they “do cover individuals whose license has been suspended”. I would talk with a local personal injury attorney.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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Posted

You might have a case. You should set up an appointment with a personal injury attorney in San Diego and have them review the policy and the facts of the case. There are not enough facts here to give you an opinion. Good luck

You should consult an attorney in your State at once. This response does not constitute legal advise outside the State Of Michigan and is not intended to establish an attorney-client relationship with our offices. It is for informational use only of the general laws in the State of Michigan, only. To retain our offices, you need to sign a contingency contract with us. We do offer free consultations and we can refer clients to lawyers in your State if you call us. Visit our webpage and tell us what you think. www.schnitzerlaw.net

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Posted

You should speak to some local personal injury lawyers as more information is needed to evaluate your case. Many offer free consultations and you should speak to some over the phone or in person.

David M. Boertje, Esq.
(619) 229-1870
www.personalinjurysd.com

*Please note that this is not legal advice and in no way formed an attorney-client relationship*

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Posted

I realize that sometimes is difficult to articulate what a policy states. It is difficult to understand even for professionals who have been to law school, so it is important to clarify the facts of the incident and the role of the insurance company and your relationship to the owner of the car. I understand that You were driving the car, also understand that your driver's license was suspended. However, I do not get Who hit who. That is unclear. Further, whose insurance company denied you payment for your damages. Finally, was the policy of the car you were driving active? Please clarify the above and you may call me at my office number which you can find in one of my websites. Also, you can visit my Facebook page for further answers to Avvo questions.

http://www.facebook.com/LawOfficesOfManuelAJuarez?ref=hl

This answer is provided by Manuel A. Juarez, Esq., 'El Abogado Hispano de California, and it is of a general context and is not intended to form an attorney client relationship. I am licensed only in California. This information is good only in California and it is not to be taken as legal advice on divorce, family matters, bankruptcy or in any other type of situation. Esta respuesta es del Abogado Hispano Manuel A. Juárez, 510-206-4492. Abogado Hispano de Divorcios, Accidentes, y Bancarrotas de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq esta licenciado solo en el Estado de California.

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Posted

The question of whether an individual is a permissive user under the standard automobile liability policy can be difficult to answer. In some cases the facts will establish that express permission has been given by the vehicle owner. Once it has been determined that express permission has been given, the next question which must be resolved is whether there is any limitation on the scope of use that was The following questions may be used in this investigation:

1. What was the relationship between the parties?
2. What was the nature and extent of any prior use of the vehicle from which implied permission might arise (scope, duration, time, distance)?
3. If express permission had been given in the past, was that express permission interrupted by a withdrawal of permission for future use or future limitations on further use? It is important to establish if usage has changed over time in order to determine scope of implied permission.
4. Were others allowed to use the vehicle without asking for specific permission?
5. In the past, was express permission required before using the vehicle?
6. Did past usage of the vehicle require the named insured or a family member to be present in the vehicle at the time of use?
7. Were there any circumstances which led to the named insured or family member’s needing assistance in the use of the vehicle, i.e., intoxication with a designated driver?
Permissive use of an automobile typically cannot be implied when an express restriction has been placed on the scope of permission which prohibits the use at issue. See, e.g., Briles v. Wausau Ins. Cos., 858 N.E.2d 208 (Ind. App. 2006).

The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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1 comment

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Posted

Attorney Roitman has provided a superb answer which I will be keeping in my arsenal of questions to look up when I evaluate a permissive user case. Thank you Mr. Roitman for your erudite contribution to our AVVO community.

Posted

If you want to fax or email me a copy of the policy I'll look it over for you. Also, give some thought to the questions asked by the other attorneys. Those are all questions which would need to be answered to properly evaluate your claim.
f: (619) 489-0465
e: mike@jslaw.org

-Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.

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Posted

I agree with my fellow auto accident attorneys. I would also suggest that you consult with a local car accident lawyer to represent you in your case. Micheal Juarez is a wonderful attorney and I am confident that he could help you in furthering your case. Have a nice day.

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