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  1. #1
    Join Date
    Jan 2010
    Posts
    4

    Default Lady Hit Me with an Insurance Lapse

    My question involves insurance law for the state of: Texas

    On November 6th a lady hit the front of my car while I was entering my apartment complex. The lady didn't speak any English so I had called the police to bring out a translator. The apartment manager heard the accident and came outside to make sure we were both ok. The lady who hit me told her that she was looking for her cell phone in her center console and that's what caused her to hit my car. She also tried telling the manager that her husband was driving...but her husband wasn't even in the car with her. So then the police arrive. They get her insurance information from her to give to me and proceed to tell me that she doesn't have a drivers license but they are not issuing a citation or taking her to jail if im not injured. I was only going about 5 miles an hour and told the officer that i don't have any immediate injury's and would know about anything until day possibly weeks.

    well it was a Friday at 4:30pm and so Monday I called her insurance company. Turns out she had a lapse in insurance at 12:01am friday November 6th (the day she hit me) and it was reinstated on the following Monday and that they wouldn't cover me. I was told by a friend that insurance company in Texas cannot re-insure someone who has a claim on their vehicle.

    What are my options. I plan on taking her to small claims to fix the damage, but should I do anything about the insurance company?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Lady Hit Me with a Lapse

    What is it that you think might be done to the insurance company? It isn't their fault that she didn't have coverage - they do tend to cancel you if you don't pay your premium.

    Your complaint is with her, not the insurance company. Take her to court.

  3. #3
    Join Date
    Jan 2010
    Posts
    4

    Default Re: Lady Hit Me with a Lapse

    because the insurance company has reinstated her.

    I was just told that they were not allowed to do that in texas, but i dont know how reliable the source is.

    I plan on taking her to court regardless.

  4. #4
    Join Date
    Jan 2010
    Location
    Houston, Texas
    Posts
    17

    Default Re: Lady Hit Me with a Lapse

    I went threw the same thing I was in the store shopping with my 5 year old daughter and all of sudden my boyfriend and 12 year old son was in the car this man backed up and hit my car, my boyfriend and son ran in the store shouting my name and I ran to the front thinking something major had happen, the man gave me his info,he even went inside the store to the copy machine and made a copy of his id and insurance ,said he had present coverage but he didn't get it in the mail yet,so he gave me last months insurance papers (a copy), I went home the next day I called and that man lied he didn't even pay this month, they also did a search for any other coverage in Texas and they found nothing, I was mad. That man was lucky I wasn't who I use to be cause he lives around the corner and the car he was driving was nice, so I say sue her ,contact her and see if she's willing to make payments if not go to the court house and file a small claims law suit against her. Good Luck On That...

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Lady Hit Me with a Lapse

    They reinstated her, meaning that she was again insured starting on the date they received her policy. They're not covering you because they didn't reinstate her retroactively.

  6. #6
    Join Date
    Jan 2010
    Posts
    4

    Default Re: Lady Hit Me with a Lapse

    Retroactively? is there anything i can do about this?

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Lady Hit Me with a Lapse

    Quote Quoting ravelink69
    View Post
    Retroactively? is there anything i can do about this?
    it has nothing to do with you and there is nothing you can do about it. It is between the other person and their insurance company.

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