Santa Rosa, CA asked in Personal Injury, Car Accidents, Civil Litigation and Insurance Bad Faith for California

Q: Can an insurer my deny injury liability coverage on an active claim if my vehicle was not registered at the time?

I said "I saw a green light for me.", before I turned left. He said "I saw a green light for me.", and went straight. To my best knowledge, there were no cameras and it's just my word and his. He is claiming personal injury. I claim nothing. My insurer wants me to sign an affidavit not saying that I am at fault, but it's asking me to fill in my car's California plate number. My car was not registered in CA and the prior registration in Louisiana expired. I am aware of having to pay fines ro CA for neglecting to register the car. Can my insurer deny liability coverage and pass the liability and this suit to me personally?

3 Lawyer Answers

A: Almost certainly not. A review of your policy terms would have to be completed to be definitive. Your insurer insured the car for the policy period. If the collision occurred during the policy period, the car should be covered. Registration, or failure to register, does not affect the risk to the insurer of a claim. Now, if you claimed that the car was domiciled in Louisiana, and it was really domiciled in California, that might be different.

A: Your insurance policy terms and conditions should govern.

You want to read or have a lawyer read it to see what it says.

I assume insurance costs in Louisiana were lower, which is why many people do not register their cars in California.

If your policy does not address this issue, you might have a bad faith claim against the company.

Bad Faith Law was set for by Bill Shernoff, who is the godfather (creator) of bad faith.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In the context of insurance claims, the status of your vehicle’s registration can indeed impact the coverage. While insurance policies primarily cover the vehicle and your liability as a driver, there are conditions and exclusions that apply. If your vehicle was not registered at the time of the accident, this might be a violation of the terms of your insurance policy, potentially leading to a denial of coverage.

However, each insurance policy is different, and the specifics can vary significantly from one policy to another. It is essential to review your insurance policy's terms and conditions carefully. Typically, insurance policies require that the vehicle be legally registered for the coverage to be in effect, but the direct impact on liability coverage can vary.

If your insurer is threatening to deny coverage due to the lack of registration, you should consult with an attorney experienced in insurance law. An attorney can help you understand your rights and obligations under your specific policy and state law. They can also advise you on the best course of action, whether that involves negotiating with your insurer or pursuing legal remedies. Remember, it’s important to communicate openly with your insurer and seek legal advice to navigate this situation effectively.

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.