STBX cancelled/dropped my car insurance while in divorce proceedings

[lazaru5]

What is the name of your state (only U.S. law)? CALIFORNIA

My divorce case is ongoing for a year and half and yesterday I have received a letter from her insurance agent that my cars and a house I own has been dropped from her policy.

According to result of the first hearing temporary measure, we both were supposed to keep paying whatever we were paying prior to her filing for the divorce. Which was the car and house insurances (I have one house solely under my name and she had one under hers) for my stbx and heath insurance for me as I was the one with the corporate job. With the exception of 3-4 months of unemployment and temporary employment w/o benefits gap, I held up to my end of the bargain and still paying her health insurance premiums through my employer's plan. She got pissed that I did not bend over backwards to what she wanted from me as a financial divorce settlement and did this stupid trick and cancelled my insurance to punish me.

What should I do now ? I am going to call my attorney of course but by the time attorneys talk to one another and what not, I do not want to go uninsured, unlike almost half of CA population.

If I get into an accident, with or without a fault of mine and have to pay damages to the other side, whose fault it will be ? If I get pulled over and cop figures my insurance is not current, whose responsibility is to pay that ticket and point damages that I will incur which in turn will make me much harder and more expensive to insure ?

 

[LdiJ]

What is the name of your state (only U.S. law)? CALIFORNIA

My divorce case is ongoing for a year and half and yesterday I have received a letter from her insurance agent that my cars and a house I own has been dropped from her policy.

According to result of the first hearing temporary measure, we both were supposed to keep paying whatever we were paying prior to her filing for the divorce. Which was the car and house insurances (I have one house solely under my name and she had one under hers) for my stbx and heath insurance for me as I was the one with the corporate job. With the exception of 3-4 months of unemployment and temporary employment w/o benefits gap, I held up to my end of the bargain and still paying her health insurance premiums through my employer's plan. She got pissed that I did not bend over backwards to what she wanted from me as a financial divorce settlement and did this stupid trick and cancelled my insurance to punish me.

What should I do now ? I am going to call my attorney of course but by the time attorneys talk to one another and what not, I do not want to go uninsured, unlike almost half of CA population.

If I get into an accident, with or without a fault of mine and have to pay damages to the other side, whose fault it will be ? If I get pulled over and cop figures my insurance is not current, whose responsibility is to pay that ticket and point damages that I will incur which in turn will make me much harder and more expensive to insure ?

You really need to get your house and car insured ASAP and then deal with the issue legally. You cannot afford to be uninsured.

You would still be responsible, legally, if you were in an accident or got a ticket, but she could possibly be held responsible for the financial damages via your divorce. However, its not a wise move to be uninsured.

 

[lazaru5]

You really need to get your house and car insured ASAP and then deal with the issue legally. You cannot afford to be uninsured.

You would still be responsible, legally, if you were in an accident or got a ticket, but she could possibly be held responsible for the financial damages via your divorce. However, its not a wise move to be uninsured.

I am getting quotes left and right but as I have read the letter from her agent, drop took place on 11/10 and I was made aware as of last night. Going without insurance, especially car insurance is not my style. I want my ducks in a row.

On another note, is there a customary waiting period before something gets dropped from a policy, after the notice to drop it ?

 

[LdiJ]

I am getting quotes left and right but as I have read the letter from her agent, drop took place on 11/10 and I was made aware as of last night. Going without insurance, especially car insurance is not my style. I want my ducks in a row.

On another note, is there a customary waiting period before something gets dropped from a policy, after the notice to drop it ?

Depends on state law and I am not familiar with insurance law in your state. When I drop a policy the drop is effective the day I tell them to make it effective.

 

[ecmst12]

Simple - do not drive your car until it is insured. You did not get into an accident before now so you can't do anything over what *might* have happened - thankfully it did not. Call now and get insurance in place, sales at most insurance companies are open 24 hours. If not you can sign up online! If there is any action you can take to make her pay for it after the fact, YOUR lawyer will tell you. But if you drive before getting insurance and get into an accident, you will have no one to blame but yourself.

 

[mistoffolees]

Simple - do not drive your car until it is insured. You did not get into an accident before now so you can't do anything over what *might* have happened - thankfully it did not. Call now and get insurance in place, sales at most insurance companies are open 24 hours. If not you can sign up online! If there is any action you can take to make her pay for it after the fact, her lawyer will tell you. But if you drive before getting insurance and get into an accident, you will have no one to blame but yourself.

I agree.

HOWEVER, since others may have a similar problem:
If the court order says that ex must carry insurance, then OP can sue ex for any damages that s/he is forced to pay. I would NOT suggest driving without insurance (*), but if someone finds out that ex canceled the insurance AFTER having an accident, this information might be useful.


(*) Especially in OP's case since the order seems a little vague. Each one is supposed to continue paying what they paid before? What if both of them paid it at some time?