Expert: Doctor Settlement - 2/26/2008

Question
Hello sir, I would involved an a very bad accident this past weekend.  I got a Failure to Maintain the Line violation but the road was very narrow and I hit the curve.  Total the car, then to get even more bad news.  I called the Insurance Company today to find out they won't settle on the claim.  Its under my father's policy but the car is under my name.  They are saying I was excluded from the policy when I lost my driver's license.  I guess my dad took me out the plan but the car still had full coverage.  But I got my license back Dec. 26th, 2007 and he called them in January to notify them, I got my license back.  I did have some neck pains but never saw medical attention.  Shouldn't the Insurance Company still pay some of the damage?

Answer
Hi Riaz,

It is difficult to know the correct answer with so little information, but I do like your chances of success.  I think you need to make an IMMEDIATE contact with your state insurance commissioner http://www.settlementcentral.com/links.php  and run this history by her.  

I also believe that you can and should get some reasonably priced legal help.  You can find such help at your Lawyer Referral Program.  Make sure you tell them that this is an INSURANCE CONTRACTS PROBLEM, NOT A PERSONAL INJURY OR AUTO ACCIDENT claim since they are not allowed to take on claims.  

The Lawyer Referral Program in your area will hook you up with a lawyer who will advise you for something like $45 an hour.  Find them by going to your state or county bar association http://www.settlementcentral.com/links.php  and ask for their Lawyer Referral Program.

DO NOT be intimidated if the adjuster tells you that you lose.  Keep on your fight because I believe that this case has enough in your favor to eventually prevail.

One last thing is to file a claim in small claims court if the deny you are covered under the policy.  They will try to remove your case to a court of general jurisdiction (aka superior court or district court), but resist that and fight to keep it in small claims court if you can.

I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.

Best Wishes,

Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com