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I was in an auto accident and i was cited for failure to yield the right of way. I only had liability. I had a passenger.

Houston, TX |

My auto insurance that I had purchased through an agent over a year ago transferred my policy to another insurance company. I don't know if they went out of business or why the company name changed. I requested my policy documents to see if I had PIP coverage. They gave me documents which have an electronic signature (of my name) signing the policy and rejecting PIP and UIM/UM. I never signed these documents with the new insurance company. Is that enforceable? I'm not sure if I did sign rejections of that coverage with the original insurance company. But can they transfer my insurance coverage then electronically sign rejections without my permission? My insurance company says it will only pay on my passenger. Thank you.

Attorney Answers 6


  1. You might want to request that they provide you with a copy of the insurance document that you supposedly signed waiving PIP and UIM/UM as you did not sign any waiver. If they refuse to do so, I would suggest getting a local Houston attorney to send them a letter indicating that they need to satisfy your concern about the signature waiver. Good luck.

    Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  2. If the insurance company is denying you coverage, bring copies of all documents to an experienced insurance coverage attorney ASAP. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.


  3. If the policy was transferred and the original policy declined PIP and UIM/UM then the new insurer could not add those options back in without your approval. You should start by looking at the original policy or your last statement from the first insurer to see whether you had PIP and/or UIM/UM.


  4. If changes are made to car accident insurance coverage by an independent agent and without your consent, the cause of action is typically against the agent. If the agent is an literally agent, servant and/or employee of the insurer, then the action may be against them. Take your documents to an attorney who does insurance type claims. They will know the law of your state.

    24 Hour Attorney Call Center (314) 361-4242 or visit us on the Web at http://www.hoffmannpersonalinjury.com.


  5. Have a Houston insurance lawyer hold their feet to the fire for this unauthorized change.


  6. Locate your original documents to confirm if you rejected PIP, UM, and UIM coverage. You should speak with a personal injury attorney to discuss your options.

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