Asked 5 months ago - Colorado Springs, COFlag
I was in a car accident and was not deemed at fault for the accident. The driver of the vehicle had provided insurance and I was told by the officer that he believed that the insurance should cover my damages. My car was totaled and I have been fighting with the insurance company for 2 months. They have stated that the car was insured at the time of the accident but they don't have anyway of getting in contact with the policy holder. They are now stating that they are going to deny coverage entirely due to non-compliance of the policy holder. I have contacted Dora but the insurance company maintains their position on denying coverage. What can I do?
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary
If your insurance will cover teh damages or has an uninsured motorist coverage, you can file a claim with your own insurance company. Otherwise, you will want to file a lawsuit against the at fault driver. This wil force him to eitehr challenge the decision of his insurance company or risk personal liability for the damages.
This is tough. If you were injured you may want to hire a local personal injury attorney. However, the only other course of action might be to file suit against the other driver. You may be able to hire an attorney to handle the property damage. Another option is turning it in on your own insurance and your company may represent your interests if they pay for the property damage.
You are in a situation that is actually quite common, which is unfortunate. You should have a competent attorney looking into the criminal case aganst the driver and looking at a civil action as well. hire a good lawyer and it should be fine. The good news is that there are at least two insurance policies that should cover your losses. Its a shame that it usually takes having counsel to be treated with respoect by your own carrier, but thats the way it is these days.
I agree with Attorney Lassen. I would not let this go any further without talking to an attorney,
Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com
I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
25,028 answers this week
2,591 professionals answering