Auto Insurance Claims: lawsuit involving fiancee vehicle, motor vehicle accident, insurance school

Question
My question is back in 2004 i had insurance on the vehicle i own but at the time i was involve in a motor vehicle accident the registration was still valid had not expire but my Suv insurance had been cancel for a few months i was on the process of renewing the insurance but the motor when bad the car wasn't driven so i tow it to a shop to get it fix during that time my fiancee had a truck insure and everything up to date but my name wasn't on his insurance i ask him to lend me the car for the first time because somehow we overslept and my children miss their 7:20a.m. bus that take them to school in the morning since he new i had never been involve in a motor vehicle accident he lend me the vehicle for the first time to take them to school on my way to take them to school a private insurance school bus company their driver didn't stop at her stop sign an hit my fiancee vehicle on the rear end the police report state it very clear on the police report she fail to stop and hit the vehicle i was driving my license was good and i didn't got no tickets because i had no fault at what happen i couldn't avoided because it happen under a minute i saw she ran the stop sign and instantly the car i was driving got damage the vehicle i was driving was declare total loss and the insurance pay the value of the vehicle at the time the problem is the insurance company is taking me to court because they are refusing to pay for my medical bill and my children medical bills because i had a car register but not insure but i wasn't driving my car and i was in the process of putting insurance to it the bottom line is i understand there is a new jersey law stating if you have your vehicle register you must have it insure but there is times when the insurance cancels prior to the registration and i don't understand why the are stating that if the vehicle i was driving at the time was insure why they are bringing up my vehicle that wasn't insure at the time but i wasn't driving it on the streets i would off never drive an uninsured vehicle thats why i used my fiancee on that day my car was not only undrivable at the time and was getting repair which wasn't cheap and even thought my name was not on my fiancee policy i believe they are wrong for refusing to pay the medical bill their negligent driver cause us injuries up to this day i still have pain on my right leg please let me know if the can take that about my vehicle been register but not insure at that like and excuse to leave me with all the medical bills if it would off been my fault i would off make a payment plan but i don't want to pay the people that because of their fault i have to stay with the pain i still have specially on my right leg this is wrong any advise will be greatly appreciated please email me back with any answers at daisyvelazquez@comcast.net thanks very much i look forward in reading from expert people in this matters thanks Daisy

Answer
Hi Daisy,

I think that you have a good case because the car was inoperable and under long term repair.  Hence there was no need for you to have insurance.  It was not actively registered.  If I were the judge, Daisy, I would vote for you to win.  

Plus, they cannot deny your children on any theory of liability or no-fault rules.  Your state rules were set by the insurance industry and their elected lackeys, NOT by the state trial lawyers, who would have put in more help for the injured consumers and passengers.

Sorry that your state has such an unworkable no-fault system of insurance.  The insurance industry must have worked overtime to buy your legislators.  The way they have it set up, you could be denied coverage all together.  That would be a true shame, and it would never happen in most other states.

But my speech will not help you or your children get the care that you need.  Your children cannot be denied even if the adjuster is correct.  You have claims versus BOTH your fiancee's insurance company and the insurance for the bus that hit you.  Your continued pain with your leg sounds like it might meet the definition of a serious accident under the statute, and hence you would be able to sue the third party tortfeasor (the bus driver) for your serious injuries.

But as for medical, why don't you do three things:

1. Contact the bus company and have them pay the bills. OR

2. Contact your state insurance commissioner for information on how to file a complaint versus the company that will not pay your bills and the bills of your children http://www.settlementcentral.com/links.php OR

3. Get yourself some low cost lawyer referral help.  You can contact your state bar association or your county bar association.  The link for the state bar association is the same as above.  Call them and and ask for their lawyer referral service, wherein you can get an hour consultation for around $40.  That should start you on the right road.

Here is a page from an attorney's office with a lot of good information on how abusive your state system truly is.  http://www.kovaclaw.com/personal-injury.htm  Plus he has some good hints there on how to get your leg injury categorized as serious, and hence the ability to collect for pain and suffering (which we call general damages).

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com