San Antonio, TX asked in Car Accidents for Texas

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.

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Personal Injury Lawyer
  • Frisco, TX
  • Licensed in Texas

A: 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

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