I got into a car accident last week (March) and found out the car I was driving had no insurance. It was my father's car and apparently the insurance company cancelled the policy in November because of a single missed payment that we did not notice..but they have been accepting payments SINCE November for some reason.
Well I got into a small fender bender with the vehicle and none of us knew the car was uninsured at the time, now I am as lost as I can be. I know in CT every insured person is required to have Uninsured driver policy, so does that mean his insurance is going to pay for his damages? And what will happen to me? I have insurance on my own car, and every car in the family, it was an honest mistake and we did not know our policy had been cancelled.
Generally, if the car you were driving does not have liability insurance, but you as a driver do, then your insurance will be applicable. If something happened where you had no liability coverage, then his uninsured would step in and pay but could potentially pursue you personally for the damages to get reimbursed what they paid on the policy depending on the circumstances and the policy.
This information is provided for general purposes only and should not be construed as legal advice. No attorney-client relationship is created with the furnishing of this information. Attorney licensed in North Carolina only.
Carrier denies then accepts payment; denial would be void, policy would be ineffective. Uninsured concerns an injury claim (person), not a property damage (here car) claim. Driving without insurance is a violation (not crime, unless aggravated circumstance). Ticket possible, DMV may be assessing a penalty. Suggest you contact insurance agent/broker and/or DMV asap.
I can't speak to Connecticut law, but as a matter of general law, the person whose car got hit can generally make a claim against his uninsured motorist policy, and the insurer can then bring a subrogation claim against the uninsured driver. That means the insurer can seek to recover from the uninsured driver the funds the insurer paid out to its insured for the damages caused by the uninsured driver. The uninsured driver is liable out of his pocket to the other party's insurance company for the damages it paid out.
Assuming the insurance company comes after the uninsured driver for the damages it paid out, and sues, and also assuming the insurer gets a judgment against the uninsured driver for the amount it paid out, it can enforce the judgment by attaching property owned by the uninsured driver, or by garnishing his wages. Interest accrues on unpaid judgments at a rate established by a state statute.
A voluntary payment plan may also be something the parties agree to.
Not legal advice as I don't practice law in Connecticut. It's just my two cents on the facts you describe in light of general principles of law. If you need legal advice, please consult a lawyer who holds Connecticut licensure.
Make your carrier explain the theory under which they have accepted the last 4 payments. Seek advice from the Connecticut Department of Insurance.
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Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. You may contact the writer with these links: