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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117359
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My husband was involved in an accident that he is at fault in. He was

Customer Question

My husband was involved in an accident that he is at fault in. He was insured however the insurance is refusing to pay the claim for the other cars damages. He was delivering newspapers and after completing his job he was turning around and lost brakes causing him to hit a parked car. The insurance company told him before even investigating his claim it won't be covered because he didn't have commercial insurance, despite the fact that he had concluded business before the accident. The supplement insurance we had from the dealership did pay for the damage to our car, however the liability insurance refuses to pay and won't return our phone calls. Now the other car owner is threatening to sue us & report him to the DMV to have his liecence taken away. Can he actually be sued before we have completed claims with the insurance company? Can the other vehicle owner actually have his liecence taken away because of this? Is there a way to force the insurance to cover the damage?
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, yes, your husband can be sued by the owner of the car and it is not the owner of the other car's fault your husband's insurance will not pay. So, if your husband believes his insurance should provide coverage, you need to file suit against the insurer for breach of contract and take them to court to force them to pay.
If you do not sue your insurer, I am afraid that if the other owner sues your husband and you do not pay the judgment, they can have a lien placed on his license through DMV and he could lose his license until he pays.

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