Insurance Coverage Issues in Personal Injury Cases
Insurance can help us recover financially after illness, accidents, natural disasters or even the death of a loved one. There are a wide variety of insurance products available and choosing the correct insurance coverage can be a challenge. Sadly, it is very common to find that the person at fault for an accident may have coverage problems. The most common types of coverage issues include expired or canceled policies, refusal of the person to cooperate with the insurance company’s investigation, or perhaps the vehicle was driven by someone not covered under the automobile insurance policy.
Expired or cancelled policies: Most states require all drivers to carry liability insurance. In order to register a car, get a license tag, buy a car, or to obtain a drivers’ license, a person may have to prove that he or she has liability insurance. It is not uncommon, however, for people to purchase a six-month or one year policy, pay the down payment for the first month so they can get a tag or buy the car, and then not pay the rest of the insurance premium, which is soon cancelled for non-payment. A reality is that people who are irresponsible in other areas of their life are often irresponsible drivers, and an alarming number of those people who have no insurance also drive irresponsibly and cause accidents. Additionally, some people just have financial inability to pay for their policy, and simply let it lapse. This is the most clear-cut reason to deny coverage and is the simplest to verify. However, this does not necessarily mean that there is no coverage for the accident, only that one specific insurance company did not provide the coverage. The person may simply have switched insurance companies, or given you an old, outdated insurance card.
Failure to cooperate: All insurance policies require the policy holder to cooperate with the insurance company after an accident. Oftentimes, the policy holder will not do so. Iit can be due to factors ranging from language difficulties to irresponsibility. In any event, in many states, the insurance company can deny coverage to the policyholder for the accident if the driver does not cooperate in the investigation of the claim.
Non-permissive and excluded users: This coverage defense arises when the vehicle was driven by someone not covered under the policy. There are two common scenarios when this applies. First, if a car is stolen, the insurance company and the owner are not responsible for the actions of the thief. The end result may be that the owner if the vehicle is left with no insurance coverage to pay for any damages to their vehicle. The other common scenario is for a family member to be excluded from a policy, but have driven the car nonetheless, causing an accident. Insurance companies will exclude drivers from a policy at the policyholder’s request, usually because the person has a poor driving record, or is a very young driver, and insuring the driver under the policy would significantly increase the cost of the policy. In most states, one permissive user can give permission to someone else to drive the car, so a thorough investigation is important when faced with this insurance coverage issue.
Speak With a Miami Car Accident Attorney Today!
Car accidents are very common in South Florida. If you or someone you love were hurt in a car accident, it is wise to contact a car accident attorney so that you can get information on how to make a claim against the at-fault party’s insurance company or file a lawsuit against said party if necessary. Our law firm is knowledgeable and experienced in all types of motor vehicle accident cases. The damages that can be recovered in a car accident claim or lawsuit are meant to take care of the many expenses you may be faced with after an accident. Car accident injuries can be severe and for many victims, medical treatment can add up to thousands of dollars. Meeting with a car accident lawyer can facilitate the claims process. At Suarez and Montero, our policy is that if you don’t recover, we won’t charge you a dime. Not to mention, we also provide free slip and fall accident consultations where we evaluate the facts of your case and provide you with an overview of potential courses of action you may take. Our lawyers can provide you with efficiency, experience, vital information, and can help obtain the compensation you need to recover from your injury. We are available 24/7 to obtain a risk-free consultation!
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