Expert: Bennie719 - 5/14/2008

Question
I was driving on a main road in SC talking on my cell to a friend to get directions to his house (I live in NC). He advised I was to go thru 3 lights and then turn right; so I know I was paying attention (it wasn't typical chat). A lady in an old van ran thru her red light (she was in the driveway of a shopping center) and hit my front left side. I saw her from the corner of my eye and tried to avoid, but it seemed as though she accelerated. I immediately called the cops. I adv them that I was confused as to what happened b/c I was very upset and the other car adv it was my fault b/c I was on my cell. The cop wrote me a ticket for careless driving b/c of that (no cell laws I thought). My ins comp adv they had never switched my insurance from my old car to my recently purchased car-which I assumed the dealership had handled. Either way I paid full coverage insurance and they are denying my claim still. This seems illegal. Please help!! Also, I have a co-worker that has full coverage and hit a deer only to find that his license plates were "revoked"-does the insurance company still have to pay or does he? (Sorry for 2 ?'s) Thank you in advance and have a great day!


Answer
Hi Danielle,
There are not any statewide laws against talking on a cell phone in a car in South Carolina, although there is possible, but unlikely, that certain jurisdictions have implemented such a law.

The fact that you told the officer that you were confuse AND on the cell phone was probably enough information for him to determine that you were guilty of careless driving.

You are solely responsible to make necessary changes on your insurance policy.  It is a personal legal document and changes can not be made by a car dealer or anyone else except another named insured (your spouse).

If you have owned the replacement car for over 30 days, your insurance company has every legal right to deny your claim.  They also have the ability to make exceptions and make a change of car for you.  You need to work with your AGENT to try to get this accomplished.

If your company refuses to make the change of car on your policy, you will personally be obligated to make all payments to the adverse party as well as repair your own car.

Under the second scenario, the suspended license plates do not have any effect on the insurance policy.  The insurance company will be obligated to pay for the damage caused by the deer.

I hope that you have found this information to be helpful.  Please write again if you feel that I can be of more assistance.
Your feedback by rating my answer will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area