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Auto Insurance Claims/teenager MVA in NH

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Expert: - 12/8/2010


Question
My son just got his license 16 in NH had a vehicle that was
insured but removed from coverage took of the road for 2m
put the car back on the road for son to use he need to new
job but i was at work and was not able to put the ins on it.
I got out of work at PM and called the ins to cover the car
started that day they say but son was in a MVA while i was
on the phone with the ins but the police report said the
accident happened at 540 and coverage was not on the car
until 6:04 they will not cover the claim any thing i can
since it was a rearend collision he is at fault but the
other driver did not have ins and now they want us to pay
9000 to repair there car any help would be appreciated
Thanks  

Answer
Hello,

Your question is interesting because there are many ways to approach this. Please keep in mind that I can not give legal advice and can only give opinions based on my experience.

My first question is: Does your state by law require insurance? If so, what was the person doing on the road?

I would not think twice to find out why he was not ticketed under the law?

Secondly, yes insurance companies can nit pick on time, but was it the agent or underwiting that set the time of coverage?

Agents can at their discretion set coverage by a simple voice mail. In other words if you have a relationship with the agent with other policies, you can call and leave a vm at noon and the car would be covered from that time even if you couldn't contact someone til 4 or 5.

Now, in the scenario you give me though where the car would not be covered for a half hour after the accident as per the insurance company, they don't have to pay and you and your son are stuck with the liability.

You may want to contact an attorney and pay for an hour of advice here. This could be a very good investment because he may know a way of limiting your liabilty exposure with this person being uninsured as well.

What you really need to worry about over and beyond the damage to the car is if this person files a major personal injury case against you.

You need to be looking at that as well. For an hour's time with an attorney, you should know exactly where you stand. In fact, I would insist for your protection that you do this.

Contact an attorney immediately!!!

Not trying to scare you and with all the sue happy people out there, you could lose everything.


Http://www.autotheftexpert.com

Please write me at robo14@aol.com and let me know what the attorney had to say.  

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Rob Painter, Ase, CFEI, CAFATE

Expertise

Please remember. I am not an attorney and cannot legal advice. My answers are based on my experience due to litigation I have been involved in as an expert, for both insurance companies and while oposing them opposing them. I deal with only comprehensive claims on autos related to fire and theft. I have even had the opportunity to rewrite policy coverage language as it relates to vehicle theft and forced entry for insurance defense attorneys.

Experience

Experience in the area: Working with insurance companies and attorneys on these issues for over 20 years. It is very common to have a reported stolen car with a so-called factory anti-theft system to have the theft claim denied. I have served successfully as an expert witness in the courts across the US representing the insured and their attorney revealing that the insurance expert did not take all known theories into consideration before rendering their "Forensic" conclusion. Many insurance carriers us independent "Forensic" experts to examine reported stolen vehicles commonly using flawed methodology implicating the innocent insured with the theft. My job is to determine if the insurance expert reached his conclusions based on accepted scientific principals or just net opinion with no basis other than opinion. My case record against such experts is very compelling.My resume can be seen at the catagory "Auto Theft and Prevention." In "Forensics" the scientific method must be employed. In the forensic locksmith field determining how a reported stolen vehicle was last operated, many processes cannot be duplicated and are conveniently not addressed. If they were, juries would have the opportunity to make a fair and impartial opinion at least about what the expert could or could not prove. There is a purported process determining the last key used. The chances of determining such is very rare uless the key is found in the ignition lock. Experts commonly destroy evidence as well and are rarely questioned on this event. I reveal the weakness in their testimony on such instances.

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