Legal Question in Insurance Law in California
Car accident
I was at fault for rear ending a car. I did not know my insurance pollicy was canceled at the time. My billing was to be sent to a new address, but the insurance company did not send it to the new address. They did not even try calling me as a courtisy to inform me of my cancelation. This was my first accident ever. I am 43 years old, and driving since I was 16. They told me I will not be covered. I did reinstate my coverage. I was told by the other persons insurance that even though he has uninsured coverage, I still have to pay them back for the repairs($2000.00), or I will be reported to D.M.V., and I will lose my licence. Is this true?
2 Answers from Attorneys
Re: Car accident
If someone sues you and wins a judgment for you for damages related to a car accident, your license can be suspended for failing to pay the judgment. However, they can only report you to the DMV if the sue and win and you don't pay.
Re: Car accident
Yes as to your obligation to repay for the damage you caused.
The question of whehter your insurance policy might apply is more complex and would require consultation with a lawyer. In California, the circumstances of policy cancellation re regulated by statute, and if the requirements are not met, coverage can continue, with the caveat that a wrongful denial of coverage gives you potential remedies against the carrier.
That said, if you coverage lapsed for non-payment of premium, then you would not be covered between the lapse date and the reinstatement date. Again, this is a function of the type notice the carrier used; what notice it did or didn't have of your address change, and whether Sadie C. Kates v Workmen�s Auto Insurance Co. (App. 1996 ) 52 Cal.Rptr. 852 does or doesn't apply
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