Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: May 16, 2013

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Insurance Question from Cibolo, TX

Asked on 05/16/2013

Motorcycle Insurance Claim I recently purchased a motorcycle; title and insured in Texas. I was under the impression that I had full coverage as the motorcycle has a lienholder. I was in an accident; insurance company informed me I only had comprehensive coverage on my bike. I thought it wasn't possible to purchase anything less than full coverage on a vehicle that has a lienholder. Are there any legal grounds or action I can take?

Answer given on August 01, 2013

When you buy mtorcycle insurance, it is your responsibility to tell your insurance agent or company as to what kind of insurance you want to buy. If you have a loan on the bike the agent should recommend full coverage, but if they were not aware of the loan, they would not necessarily recommend full coverage.Presumably you met with or talked to your agent about the insurance. They should have provided a written quote to you and explained the coverages being offered. You are responsible to review the quote, as well as the policy when it is delivered to you.If you were not given a written quote, the agent was not really doing a very good job for you. You can try to sue the agent for errors and omissions, but it can be very hard to prove. If the policy shows a lender for the bike, that will strengthen your case, but there is no guarantee.You didn’t say how long you had the bike, so that issue could affect the situation. If it was over 30 days, the lender should have received a copy of the policy and they should have seen there was no collision coverage. They would have then contacted you and/or the insurance company advising that collision coverage is required. See if there is any correspondence to that effect. If so, then the insurance should have been modified as requested.


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