Q: Can I sue if the person at fault in accident provided expired insurance coverage?
I was in an accident, the person provided ID & insurance info but at the moment I was still in shock my children were with me so I never noticed that his policy was expired. I called my insurance and asked why I’m stuck paying a deductible and I was told that the person didn’t have insurance with the policy I gave them. I called my insurance again because it wasn’t making sense to me, I advised them I have the VIN # from the policy he gave me and I was informed he did a claim through a different insurance provider. So now my insurance is trying to confirm he has insurance and was told no one is returning calls or able to speak to someone. So now I’m stuck paying deductible due to misinformation.
You can sue a person with whom you have a collision regardless of whether they provided expired insurance coverage.
Their insurance coverage protects them in the event your lawsuit against them is successful. Whatever judgment you obtain against them will be paid by their insurance company up to the limit of their policy.
You also had your own insurance, which is good for you. It sounds like your own insurance has processed your claim under your “collision” coverage which typically has a deductible.
Many people also carry UM/UIM coverage to protect themselves in the event another driver without insurance hits them. Such coverage often does not have a deductible.
Tim Akpinar agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.