Can You Still File a Claim? Can the Insurance Company Rightfully Deny Your Claim?
Okay…so you’re behind the wheel of a car, even though your driver’s license is expired. Another motorist acts carelessly or negligently and causes an accident, leaving you with injuries and property damage.
Can you still seek compensation for your losses? What can you do if the insurance company rejects your claim on grounds that you were driving illegally?
Don’t Be Surprised If an Insurer Attempts to Deny Coverage
Insurance companies are for-profit businesses that maximize earnings by minimizing the amount paid out on claims. Accordingly, they specifically look for ways to reject your claim. If you were driving with an expired or suspended license, the insurance company may contend that you weren’t legally on the road and wouldn’t have suffered injury if you had obeyed the law. Don’t let that intimidate or persuade you!
Under Texas law, the at-fault party’s insurer always has the responsibility to pay for the losses of the injured party. In any claim arising out of a motor vehicle accident, the jury determines who caused the accident. If the negligence or carelessness of another party causes you to suffer injury or loss, that party’s insurance company must pay for your losses. But if the jury finds that you engaged in behavior that contributed to the crash—for example, you were speeding or ran a stop sign—you may have some liability, too.
In such situations, the court can reduce the amount of your recovery to account for your partial responsibility. However, driving without a valid driver’s license will not prevent you from filing a personal injury claim or recovering damages. If your claim could be denied because you didn’t have a valid operating license, that would lead to unjust results, allowing another party to engage in gross negligence or carelessness without any legal consequence.
That doesn’t mean, though, that an insurance adjustor won’t try to deny your claim, alleging contributory negligence. That’s one of the reasons it’s so important to immediately retain qualified legal counsel after a car accident. Because Texas is not a “no-fault” state for auto insurance, you must file all claims for losses with the other party’s insurance company. That can be a complicated and intimidating process, and you don’t have the benefit of working with an agent you know. Your lawyer is your advocate and liaison with the insurance company, working to ensure that you get all the benefits to which you are entitled.
At the law office of Bailey & Galyen, we have extensive experience successfully representing people who are hurt in a motor vehicle accident. We can help you successfully deal with insurance companies and take your claims to court, if necessary.
For a free initial consultation with an experienced personal injury attorney, contact us by email or call our offices at 844-402-2992. Our phones are answered 24 hours a day, seven days a week.
