Can i file another claim if they have insurance now.

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Can i file another claim if they have insurance now.

I got into a wreck October 16th and the driver
who hit me insurance was cancelled and the
claim got denied. Can i file another claim if they
have insurance now?

Asked on November 19, 2018 under Accident Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Insurance coverage starts at the time it is initiated; it does not cover any prior periods. Accordingly, since the accident happened before this current policy went into effect, then you cannot collect on it. That having been said, you can still sue the person who hit you.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, insurance which was put into place or acquired after an accident does NOT cover a prior accident; only insurance coverage existing at the time of the accident would pay a claim. You can sue the at-fault driver anyway, even if he or she did not have insurance, so long as you believe it would be worthwhile to do so--that is, that the at-fault driver would be able to pay a judgment against them without insurance to help.


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