Can my 21 year-old daughter’s insurance be cancelled by someone else if she has her own membership and is current on premium payments?

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Can my 21 year-old daughter’s insurance be cancelled by someone else if she has her own membership and is current on premium payments?

In the past my daughter was being covered on my auto insurance. When I changed insurance companys I had her start her own policy. Signing on with her insurer required her to pay for a year membership fee. A few months later her car was no longer operational. I e-mailed her agent and asked for a solution. I didn’t want her to be paying monthly premiums with no vehicle. I received a call from the agent who cancelled the policy. Soon she was rear-ended in her boyfriend’s car and didn’t know she had no insurance. Since this was my mistake and not hers can the insurance company deny her policy?

Asked on March 6, 2011 under Insurance Law, Kansas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The fact that your daughter's insurance was cancelled, would not have any effect on this subsequent accident for a couple of reasons.  First, your daughter was rear-ended which means the other driver was at fault.  Your daughter could file a claim against the other driver's insurance carrier.  Second, if your daughter had been at fault in the accident which was not the case, the registered owner of the vehicle (boyfriend's) insurance would be subject to a claim. from the other driver.

If your daughter was injured in the accident, she should file her personal injury claim against the other driver's insurance.  When she completes her medical treatment and is released by the doctor, she should obtain her medical bills, medical reports, and documentation of any wage loss.  Compensation for the medical bills and wage loss is straight reimbursement.  The medical reports will document the nature and extent of her injury and will determine the amount of compensation she receives for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  If your daughter is dissatisfied with settlement offers from the other driver's insurance carrier, she can file a lawsuit for negligence against the other driver.  If the case is not settled, the lawsuit must be filed prior to the expiration of the applicable statute of limitations or your daughter will lose her rights forever in the matter.


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