Hit From Behind

[t_hoihoifua]

What is the name of your state?
California
My brother-in-law was in an accident 2 days ago and the person crashed into him from the back. The police came made the reports and said to go to the insurance company. My sister and husband go there, the insurance company says their policy is cancelled. They sent their payment in late, which they have done before and have been reinstated, but this time its different.......because they have a claim? (seems to me) What's the deal? They took that late payment and transferred their policy to another company....???? I don't know how I could help, maybe someone out there has some advise on what to do? Will the other party's insurance company still pay up?

 

[I AM ALWAYS LIABLE]

What is the name of your state?
California
My brother-in-law was in an accident 2 days ago and the person crashed into him from the back. The police came made the reports and said to go to the insurance company. My sister and husband go there, the insurance company says their policy is cancelled. They sent their payment in late, which they have done before and have been reinstated, but this time its different.......because they have a claim? (seems to me) What's the deal? They took that late payment and transferred their policy to another company....???? I don't know how I could help, maybe someone out there has some advise on what to do? Will the other party's insurance company still pay up?

My response:

It's only reinstated when the insurance company receives it's premium payment. There's no grace period between non-payment cancellation and reinstatement. So, since he was uninsured on the date of the accident, he's a "Proposition 213" claimant against the other persons insurance. Read Civil Code section 3333.4. There's no "pain and suffering" damages available to him now. He's only entitled to receive property damage and lost wages, assuming, of course, that the other insurance company accepts liability.

IAAL

IAAL