Insurance cancelled policy and an accident suit is pending. Are we still covered since insurance was in place until after the accident

Question Details: insurance dropped due to an accident. There is a pending suit by a passenger. Is there coverage still under old insurance?

Asked 9/5/2009 under Auto Accidents | 249 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.

Auto Accidents Law Answers

Anthony J. Loscalzo, Esq. / Loscalzo & Loscalzo, P.C. Answered 2 years ago | Contributor This attorney is licensed in New York

I am a New York attorney and yes you are still covered. Your old insurance company will provide you with an attorney who will defend you in the

pending claim by your passenger. Under the Law of the State of New York you must secure a new insurance policy in order to drive your car.

Although I do not practice law in the State of New York, here are my initial impressions.  First, the general rule is that an insurance policy covers the insured for the applicable dates of the policy.  Therefore, if a claim arises during those dates, the insured remains covered regardless of whether the policy is later dropped/discontinued/cancelled.  While, in rare circumstances, it may be possible for a policy to become void retroactively, this is unlikely.  In any event, however, if you have a claim pending you should hire an attorney, if you have not already done so, to answer these and all other questions associated with the claim.

Related Auto Accidents Questions

Didn't find your answer? Ask.

  Top Ranking Attorneys

Sign Up Today! Are you a lawyer?
Want to be featured here?
Sign up for a free profile and get started today! Click Here

More Questions Like This...

AttorneyPages.com