What action can I take if an insurance company has refused coverage of my vehicle due to non-compliance of the at-fault driver?

Asked 5 months ago - Colorado Springs, CO

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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?

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Attorney answers (8)

  1. Pro

    Contributor Level 20

    10

    Lawyers agree

    1

    Answered December 18, 2012 11:47. 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.

    You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney... more
  2. Contributor Level 5

    9

    Lawyers agree

    Answered December 18, 2012 12:13. Here in Colorado, if the at fault driver is missing then it is sometimes possible to give service of process to start a lawsuit to the at fault driver's insurance carrier. That is your recourse when an insurance carrier will not cooperate with you.

  3. Contributor Level 16

    9

    Lawyers agree

    Answered December 18, 2012 11:28. I fully agree with Mr. Alexander Jesus Limontes. Retain an attorney who can file suit on your behalf and force the insurance company and/or policy holder to reimburse you for your damages and pain and suffering.

    -Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.... more
  4. Contributor Level 10

    8

    Lawyers agree

    Answered December 18, 2012 11:04. 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.

  5. Pro

    Contributor Level 18

    8

    Lawyers agree

    Answered December 18, 2012 11:29. You are within your rights to sue the defendant for your damages. Hire an attorney in your city and he will take the ball and run with it. There is no charge for a free consultation. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492.... more
  6. Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered December 18, 2012 15:59. Retain a local lawyer to send a demand letter to the insurance company, and if they don't comply, the lawyer can file suit.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  7. Contributor Level 7

    3

    Lawyers agree

    Answered December 19, 2012 10:44. 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.

  8. Contributor Level 16

    2

    Lawyers agree

    Answered December 20, 2012 15:39. I agree with Attorney Lassen. I would not let this go any further without talking to an attorney,
    Good Luck
    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

    www. KingofPersonalInjuryLaw.com

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    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-... more

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