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lwpat
lwpat, Attorney
Category: Legal
Satisfied Customers: 25384
Experience:  Actively practicing trial attorney
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Customer Question

Right around this time last year me and a buddy of mine lets call him "Trav" were leaving a concert in my vechicle that VW, my place of employment, leases to me. Along with the lease payment full coverage insurance is provided.

So, we are leaving late at night going down a back road that I'm not too familar with. I was driving faster than I should have been, showing off the new car and hit a curb, went airborn, and hit a telephone pole. At and just before impact things are kind of a blur. When everthing came to a stop Trav was in the back seat floorbored and pretty banged up. He wasn't wearing a seatbelt.

Well once I reported the accident and the cops came and what not I was left holding a ticket for not having valid license. Stupid me, I had went to the DMV one day to get them reinstated from a previous dumb luck accident and to save time got an ID that day instead of a drivers license. Something I regret.

The no license part comes to be a bigger deal though. Because of not following the regulations presented by the VW leasing office I lost my leasing privledges. I am to have valid license when driving a car that they allow me to lease. Well at first I was worried that would also cancel out my saftey provided by the insurance over the cost of the car. It's been nearly a year now and no such talk has been brought up of me owing the money so I fell safe in saying they covered it. Along with that I had given less thought about it providing any medical coverage to me or my passenger. I did however give Trav the insurance information just in case. Along with giving him the info, at the time of turning in the report to the insurance company I let them know that Trav was in the car too, and possibly hurt.

Fast forward to today. I get a letter in the mail saying that I am to pick up paper work for the case "Trav vs. Max"

Now I'm worried about how much of this is going to fall on my back. Does the huge delay mean anything? Does VW covering the car mean they will take action on the medical side? Blah, I've never been to court like this... so many questions.
Submitted: 2 years ago.
Category: Legal
Expert:  lwpat replied 2 years ago.
Thanks for using JA. I will do my best to answer your questions. DON’T FORGET, your deposit is not used to compensate me until you rate my service.

I am sorry to hear of your accident. You do need to pick up the paperwork. Avoiding it will not make any difference, they will find you and serve you anyway. Once you have the paperwork you would need to immediately forward it to the insurance company by certified mail. They may have a duty to defend you and to pay his claim up to the amount of coverage on the policy. However, they may also deny coverage since you did not have a valid license. I can't predict that one way or the other. If they deny any coverage and refuse to defend you, then it will be up to you to answer the lawsuit and defend on your own or retain an attorney. If there is no insurance or the damages exceed the coverage they can get a judgment against you but you could file bankruptcy if eligible and discharge the judgment. Sorry for your trouble and while I know this is not good news, I hope it helps.

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lwpat
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