QuestionGood morning,
About a month ago my brother was involved in a wreck while driving my pickup. Both vehicles were totaled, the police investigated and the accident report states the other driver was at fault. Since my truck is 40+ years old I only had liability and uninsured/underinsured coverage. I live in NV (a tort law state) and have a police report stating the other driver was at fault so I decided to hold off on filing a claim with my insurance, for fear my rates would go up on our other vehicles. About a week after the wreck my brother, his friend and I all received letters from the other driver's insurance company stating they had "completed their investigation of this claim and have determined there is no coverage for this loss. There was no policy in force at the time of the accident...", and said the policy's cancellation was effective 2/27 (the wreck occurred on 3/4). I recently discovered the vehicle's registration was renewed on 3/2, and according to the lady I spoke with at TexasSure, proof of insurance would have been required in order to do so. They don't collect the info as far as who insures it, just whether or not it is. So how would one go about finding out who exactly that is? Neither the driver that caused the wreck or the registered owner (his mother) answer or return any calls. I went ahead and filed a claim with my insurance company and spoke with my claim rep, but recently I can't seem to get in a hold of him either. It seems like this should be a no-brainer: I have the police report, lots of pictures of my totaled truck, etc. but I'm getting nowhere. Am I missing something? Or should I just find a good lawyer and let them work their magic? Thanks in advance, any help or suggestions will be greatly appreciated.
Answer Hello Lance,
With regard to the coverage investigation, in my experience if the policy expired prior to a date of loss, the insurance company is probably correct. While insurance companies get a lot of things wrong, things such as policy terms they usually get right. To be sure, you should call whomever signed the letter to confirm. You can explain the situation with the Texas registration. But, again, I am going to assume the insurance company is right.
As for the Texas Sure, if it is like my state of Florida, there is usually a lapse in information traveling from the insurance company to the state. Because the dates are so close, that may well have been the case. However, TX claims to be on top of this. So how did they get a new registration? Maybe human error, or maybe the insurance company sent them renewal cards before the policy expired.
If the vehicle is registered in TX, there is a financial responsibility law in effect. See here for their pamphlet: http://www.tdi.state.tx.us/pubs/consumer/cb088.pdf
The owners are subjected to fines and possible driver license suspension. I would suggest you contact the TX Dept of Insurance (the contact info is in the pamphlet) to report the incident and to see what options might be suggested for restitution.
As for a lawyer, unless there are injuries involved, it is unlikely that an attorney would get involved in a suit. Depending on the extent of damages, this might even be a small claims court issue.
With regard to your insurance, you state you have liability and UM. From what I understand, NV UM only covers bodily injury - assuming, of course that the other party is at fault. However, apparently you have the option to purchase Property Damage UM in NV (?) I'm not sure of that ...
You need to check your policy and your Declarations Page to see exactly what type of protection your UM affords. If you do have appropriate coverage, that should cover your problems.
Unfortunately, insurance companies have a tendency to drag their feet on UM claims. If you do have property UM, be prepared to support your claim.
Hope this helps. Let me know if you need to follow up.
I wish you well,
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
