What is my defense in this case?

Asked over 1 year ago - Campbell, CA

Almost 1.5 year ago I got into a car accident. I caused an accident by pulling steering wheel while my friend was driving due to a nervous break down. I didn't file a claim with my insurance company at a time until I got sued by my friend's insurance company to pay for damages which was compensated to my friend by his insurance. So I contacted my insurance company and explained that I caused the accident due to nervous break down. My insurance company denied coverage due to my policy language. I was told since I wasn't operating the car ,my policy indicates "operating"as one of terms of coverage, the accident is not covered under the policy. Since I can't afford a lawyer and I haven't found any lawyer who is willing to offer me a pro bono legal service, I'm going to file a response myself

Attorney answers (5)

  1. Robert Bruce Kopelson

    Contributor Level 20

    9

    Lawyers agree

    1

    Answered . You need to consult with an insurance coverage atty. Your grabbing the wheel could be operating a vehicle under your policy. You will probably have to pay an hourly amount to a coverage atty to review and call your ins co. You should also pay to have an atty prep your answer to the lawsuit, so it is done properly and pleads the essentials. You may have a defense of medical emergency. You should talk to a coverage atty and perhaps have that atty prep an answer for you to file in the meantime before a default is entered.

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

    Lawyers agree

    1

    Answered . One of the top Avvo contributors in your state will likely be willing to review your insurance policy, and they will probably suggest that you scan it and email it to them so they can review it.

  3. Daniel Nelson Deasy

    Contributor Level 20

    8

    Lawyers agree

    Answered . Hire an attorney that works in the field of insurance defense litigation, as well as bad faith claims against auto insurance carriers.

    That's the place to start.

    Good luck.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  4. Stuart Gregory Steingraber

    Contributor Level 18

    5

    Lawyers agree

    1

    Answered . I agree with my fellow lawyers. Use the AVVO tab to locate an attorney willing to provide a free consultation and ask the lawyer to review your insurance policy to see whether or not the insurance claim was wrongfully denied.

  5. Richard Andrew Harting

    Pro

    Contributor Level 18

    4

    Lawyers agree

    1

    Answered . perhaps try submitting a claim to your homeowner or renter's policy

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