I was hit by car car in the rear, he was drunk and arrested. He submitted a claim to his insurance company stating I hit him, his insurance company

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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: Jul 19, 2012

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Insurance Question from Miami, FL

Asked on 07/19/2012

I was hit by car car in the rear, he was drunk and arrested. He submitted a claim to his insurance company stating I hit him, his insurance company His insurance company can't contact him therefore they informed me they will cancell his policy and the accident will not be covered.

Answer given on July 24, 2012

If another driver causes an accident and is intoxicated, it does not absolve the insurance company for that driver from being responsible for your repairs. Even if the insurance company decides to cancel the insurance they can not go back to retroactively cancel the insurance. They must send a notice to the policyholder and give a certain number of days before they can cancel.You may have to contact your insurance company and file a claim through them. they will pay for the damages to your car, less your deductible, and then investigate and try to get reimbursement from the other insurance company. Since the other driver rear-ended you, it is difficult to deny liability for the accident. Also, if the other driver was arrested for DUI that makes your case stronger.If you did not have physical damage coverage on your car, then you have to work with the other insurance company. You will need to be persistent to get them to work with you. Ask for a supervisor if you are unsuccessful with the adjuster.

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