I was rear ended In a car accident,the person who hit me said he had insurance at the time but he didn't he lied to me and the police.His insurance company called me a few hours later and put me through the routine questions (Now I know better than to talk to them) and told me that they would probably deny my claim a few days later I got a letter saying they were denying it and they would not tell me why.My question is would I have a case against them for delaying my medical care for not just telling me that his policy lapsed and he didn't have insurance.This was my first accident and I didn't know where to turn to to pay the medical bills.
You have a claim against the person that hurt you -- not the carrier he used to have.
Reach out to a personal injury attorney for the guidance you need in maximizing your claim posibilities.
Good luck!
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
The insurance carrier did not delay your medical care. You could have walked into any emergency room and obtained care.. Assuming the party is, in fact, uninsured, you now have a potential claim against your own insurance carrier for Uninsured motorist coverage.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on .com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on .com.
Legal Disclaimer:
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
It is unusual for an insurance company to send a letter denying coverage but not to set forth a reason, particularly if it is because a policy was canceled or lapsed prior to the date of accident. That being said, the passage of only a few days between the date of your telephone conversation and the receipt of the letter of denial, would not constitute grounds for "delay" in advising you of the lapse in coverage. Nevertheless, as regards any property damage claim or for compensation for personal injuries, etc. would be made directly against the other driver/owner. Soes you own auto policy have any type of coverage to pay medical bills. ?Consult with a P.I. lawyer immediately.
I agree it is strange for an insurance company to not state the reason for denying coverage. For instance, non payment of premium with a copy of their cancellation letter. Believe me your attorney will get to the bottom of insurance coverage issues. Anyway, you should seek medical care if you need it. Contact your insurance about uninsured motorist coverage. Hire a personal injury lawyer ASAP.
