Cary, NC asked in Car Accidents and Insurance Bad Faith for South Carolina

Q: I got into a accident in my boss vehicle, it was a two way and I yielded improperly which resulted in a accident?

When the accident happen, my boss and I check to make sure nobody was hurt. We waited until firefighters arrived and we proceeded to give my licenses and his insurance cards. According to the state trooper my boss didn’t have insurance. Which my boss gasped and didn’t know why. He immediately called his insurance & they proceeded to tell him that his agent left for a better opportunity a week prior to the accident & that the vehicle that was involved in the accident wasn’t insured. Instead they had a vehicle that was from 2 years ago that never was removed. So the vehicle that was in the accident was never added to his policy. My boss has 1 truck, 2 trailers, & the Dodge Durango that was supposed to be on as policy. He pays for commercial and it’s 2 million dollar coverage. He doesn’t go without making a payment. Also I need to add that on February 21st 2022 his agent called him & informed him that his payment was declined but she asked him for a new payment & she said it was paid?

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Personal Injury Lawyer
  • Little Neck, NY

A: A South Carolina attorney could advise best, but your question remains open for three weeks. I'm sorry about your accident; I hope you are okay. In terms of liability, the other vehicle could choose to pursue recovery through their uninsured motorist protection - but that could be up to them. In terms of maintaining his policy, it's possible your boss might be able to demonstrate his good faith and due diligence in believing the policy was in effect - those settings can be fact-intensive and usually require investigating payment records, correspondence, and other evidence. Good luck

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