Legal Question in Insurance Law in Nevada

Accident With expired Car inurance

I was in an accident 3 days after my insurance became ''inactive'' due to lack of payment. The accident was my fault due to an unsafe lane change. I have been trying to contact my insurance agency but i am getting the run around from them. It has only been a few days but i am curious as to what legal ramification I will be subject to if the insurance company chooses not to assist in the claim.


Asked on 9/29/03, 5:26 pm

2 Answers from Attorneys

James Smith James E. Smith Ltd.

Re: Accident With expired Car inurance

You will need to hire an attorney if you get sued to defend you in an Arbitration. You will be personally responsible for any judgment against you.

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Answered on 10/03/03, 7:13 pm
Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

Re: Accident With expired Car inurance

There are a couple possibilities to consider here. First, some insurance policies have a "grace period" for missed premium payments, and you may fall within that, which would preclude the carrier from claiming a lapse of coverage. Secondly, if the vehicle was financed, some purchase agreements provide for substitute insurance to be provided by the lender in the event you allow your policy to lapse and they receive notice thereof from your insurance company. You can understand that the lender would want to make sure their collateral was insured, so they would be paid off in the event of a total loss. It would be worth the effort to review your contract on the original purchase (that is, if you financed it). Finally, if you were on an automatic payment plan that allowed the insurance company to make withdrawals from a checking account, for example, and the payment was not made because they did not withdraw it according to the agreement, you may be absolved of fault for the late payment.

Each of these is dependent on the "four corners" of the document. In other words, a thorough review of both the insurance policy and of your purchase agreement would be necessary to provide definite answers to your question.

I would be happy to talk with you further about this matter, if you wish to call or email.

Rick D. Williams, Esq.

Sparks, NV

775-358-1958

mailto:[email protected]

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Answered on 10/04/03, 2:09 pm


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