What to do if my husband was in an auto accident and all parties involved were uninsured?

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What to do if my husband was in an auto accident and all parties involved were uninsured?

My husband was in an accident that was clearly the other driver’s fault. Our insurance had lapsed a few days before and he called to remind me to pay it. I called the insurance company at noon to pay and reinstate. His accident was at 1:30. The insurance company is dragging there feet about whether to pay or not. The other driver did not have insurance and as far as we can tell does not have any assets. If our insurance does not cover where do we go from here?

Asked on August 17, 2011 Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I would rather give guidance here assuming that you do have coverage and giving you tips to make sure that the insurance company does in fact list you that way, rather than uninsured.  It is not like you called at 2 to reinstate the insurance - after the accident happened.  You called before.  You could not know that the accident would occur within the next few hours and the insurance company - if they took your payment over the phone and you have confirmation of the call - should not be giving you a hassle.  You need to take the stand that you ARE insured.  You need to advise your insurance company quite firmly that you have proof of the call (and I would check to see if they recorded your call; most insurance companies do indeed record the conversations and log them) and that should they delay any longer you will hire an attorney to bring a JD action (declaratory judgement action) and to ask for costs and fees.  I might also report them to the State Department of Insurance.  If this does not work write back and then we will go from there.  Good luck.


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