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I was involved in an accident & arrested for DUI. I have not gone to court. My insurance says they won't cover my car.

Modesto, CA |

They said there is a clause which if convicted of a felony they drop coverage to 5,000 total. That includes the other vehicle involved. I had never seen such a clause mentioned in my coverage and never signed anything mentioning this. I've asked for a copy of stated coverage and my signature signed. They still have not sent it to me. It's been over 2 weeks & a week without a response back from them. I've sent request for updates and no one is responding. The First Lady I spoke to said she would send the paperwork & still never did. The last message was she was doing an investigation on my coverage.

Attorney Answers 7

Posted

First things first--I would strongly suggest retaining a Criminal Defense Attorney to help with your DUI arrest as you do not want to be convicted. If your Criminal Defense Attorney helps you to win in court, your insurance carrier cannot possibly say you are not covered no matter whether there is a clause or not in the insurance contract. Second, if you are convicted, you should retain an Insurance Law Attorney to help you investigate the coverage issue. Two weeks total for an insurance carrier to investigate a coverage issue is insufficient time. Concentrate on getting the DUI taken care of first. Best of 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.

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Posted

You need to contact a local lawyer ASAP in order to get what you need. Your lawyer can help you with the insurance company delaying tactics.

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Posted

Make sure you submit your request to the insurance company in writing and be certain to ask for a certified copy of your policy. You need to give the insurance company some time to respond. If you have not heard back from them, send a follow-up letter. Consult with an attorney about your rights. You will need a personal injury lawyer as well as a criminal lawyer. Best of luck!

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Posted

You should have an attorney investigate, if that clause is applicable they need to show you had notice of it.

The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute, nor does it create, an attorney-client relationship between KaplunMarx, PLLC, Jonathan D. Marx and any receiver. The information provided on these pages is general only, and you should not act upon this information without consulting with a qualified attorney

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Best to have a local lawyer investigate. Avvo has a terrific "find a lawyer" tool to find a top-rated Avvo attorney with a low contingency fee. Good luck.

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Posted

You need what's called a coverage lawyer. I would also put everything in writing in dealing w/ the ins. co.

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Posted

Continue speaking to your insurance company and try to put all your future communications to the company in writing. If the company indicates that it will likely deny coverage then you should contact a personal injury attorney who works on insurance coverage issues.

I hope this helps. Good luck.

The opinions stated herein do not constitute legal advice and do not create an attorney-client relationship. Each case is different, and in order to get proper advice on any legal issue, you should contact an attorney directly. The statements above are not intended to induce any act or omission and are not intended to serve as any basis for any act or omission.

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