Accident advice please.

What is the name of your state? West Virginia


My son was involved in an accident that totaled his vehicle. It was clearly the other driver's fault. They were ticketed and the police report even goes so far to state that my son was not at fault.

My son had let his insurance lapse at the time of the accident - does he have any recourse?

[I AM ALWAYS LIABLE]

Originally posted by guitargonaut
What is the name of your state? West Virginia


My son was involved in an accident that totaled his vehicle. It was clearly the other driver's fault. They were ticketed and the police report even goes so far to state that my son was not at fault.

My son had let his insurance lapse at the time of the accident - does he have any recourse?

My response:

Why? Is someone telling you that he doesn't? If so, what is their basis for saying that he doesn't?

IAAL

Originally posted by I AM ALWAYS LIABLE
My response:

Why? Is someone telling you that he doesn't? If so, what is their basis for saying that he doesn't?

IAAL

The other motorist's insurance company is not wanting to settle because he was not insured at the time of the accident. There was no personal injury only property damage.

[I AM ALWAYS LIABLE]

Originally posted by guitargonaut
The other motorist's insurance company is not wanting to settle because he was not insured at the time of the accident. There was no personal injury only property damage.

My response:

They're not wanting to settle? And, they're using the reason that they won't because he didn't have insurance? That doesn't make sense. Is that what the adjuster said to you?

What's the REAL problem?

IAAL

That's it.

No other problem. At least not that I'm aware of. My son has always been honest with me so I have no reason to believe he's hiding anything from me.

[I AM ALWAYS LIABLE]

Originally posted by guitargonaut
That's it.

No other problem. At least not that I'm aware of. My son has always been honest with me so I have no reason to believe he's hiding anything from me.

My response:

Okay, then that's undoubtedly your son's "interpretation" - - because that's not the way insurance companies work, and I can't believe that an adjuster would use that as a reason.

However, the adjuster may be taking his "sweet time" because your son is NOT his insured, and the adjuster's "allegiance" is to his insured.

Listen, if your son is dissatisfied with the way the insurance company is handling the claim, all he needs to do is sue the other insured driver.

IAAL

Thanks for your time and information. Sounds to me like he just needs to be a little more aggressive about settling this.