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

Colorado Springs, CO |

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

Posted

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.

Posted

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.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.

Posted

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. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

Posted

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 licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

Posted

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.

Posted

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

Posted

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.

Posted

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

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

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 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