Legal Question in Personal Injury in Missouri

I got in a auto accident. The car that hit me is at fault. The car is insured, but the driver was not on the policy. The insurance company is refusing to pay for a rental or damages until they can contact the insurer who at the time is refusing to cooperate. They also tell me if they find out that the driver is not covered, they will refused to pay my claim.

Is this legal?

What should


Asked on 12/29/09, 8:43 am

2 Answers from Attorneys

James Manning James Manning, PC

The driver should be covered by the policy unless a valid exclusion applies. An insurance coverage attorney can help you determine whether a valid exclusion applies or not. If an exclusion does apply, you could probably still recover on an uninsured or underinsured motorist claim. There may be other avenues of recovery available as well. This is my area. If you need help, don't hesitate to call.

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Answered on 1/04/10, 8:42 am
Michael Harvath Harvath Law Offices-INJURY case representation

Hi. I am a Missouri attorney out of St. Louis that focuses exclusively on auto accident cases and work injuries.

I am sorry to hear about the accident. It does not sound like the insurance company is being completely straightforward with you. A few additional details would be needed to make an assessment of what your claim is potentially worth. Did the other driver receive any tickets? Also, what insurance company is the other driver insured by?

In response to your question, the answer is that your own policy should pay for at least the damage to your vehicle, even if the accident was the fault of the other driver, if you elect to have your policy pay for it. There are advantages and disadvantages to having your own policy reimburse for the cost of the damaged vehicle, as opposed to the policy of the other driver. Furthermore, you may be entitled to additional compensation through your own insurance, depending on the terms of your policy.

You can reach me by phone on Thursday of this week, at (314) 471-5585, or, for your convenience, by e-mail at [email protected]. Thank you.

NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not establish an attorney-client relationship or privilege between the user and the attorney responding.

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Answered on 1/06/10, 9:05 pm


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