Can I fight the insurance company on this?

I was in a car accident in late February. Technically the accident was my fault but I did not receive a ticket. The city I was in did not plow and there was a lot of snow, ice, and slush on the ground on a very busy divided highway (most people have heard of it thanks to Eminem, I was on 8 Mile in Detroit). I could not stop even though I was going slow so I swerved to miss a car (I was in the turn-around/Michigan Left lane) up onto the grassy, snowy median, but I slid all the way over it and back into the lane and hit the other car from the side. The rear passenger door on my car hit their driver door. I had no damage on my car and the guy "claimed" I damaged his door handle, but the car had a ton of damage to the driver side from a previous accident. He admitted the extensive damage on the car was from an accident he had a couple weeks before. Even the officer told me he didn't believe I caused any damage to their car because there was nothing on my car to show I did, but I admitted I hit him so the officer took his word for it in the report. I also rear-ended another car, but there was no damage to their vehicle or mine so that person left.

But, because I hit 2 cars and 2 curbs (sliding onto and off the median area), I was injured (no one in the other vehicles were and I was alone in my car). The jerking and bouncing around from all of it aggravated a back injury I have and made it much worse, as well as injury to my arm, leg, and neck. I didn't notice at first and opted not to go to the hospital (adrenaline?), but when I woke up the next morning I was in severe pain. I went to see my pain dr explaining what happened and he confirmed my injuries, gave me pain medications, sent me to physical therapy 3 times a week, and scheduled another appt to reevaluate my injuries and see what other treatments I'll be needing as well as scheduling MRI's and more x-rays.

Well the car I was driving is my mother-in-law's, she has alzheimer's disease now and won't be driving anymore so she was giving the car to me this month for my birthday. Next week we were suppose to go to the secretary of state and sign it over to me and everything. Well that other driver made a claim for their door handle, and I was talking to a lawyer to make my own claim for my no-fault benefits since I was injured and I will need my medical bills and stuff covered. We received a letter from the insurance company saying they would be cancelling the policy because they claim we committed fraud. The policy is in her name, and they are stating that she hasn't driven the car in a long time (it hasn't been very long) and that she doesn't live at the address where the car is parked anymore. That isn't true. My husband and I live with her at her house where the car is parked. She often stays at my sister-in-laws house because my sister-in-law doesn't work and has more time to care for her, but she still stays here too and her address on her license, bills, everything even her stuff is still at this address. I'm going to get a hold of my lawyer again on Monday to see what I can do, but the insurance company won't speak to me about any of it because my brother-in-law is her power of attorney so they will only speak to him. We have them talking to him instead of her because we don't want to upset her, her short term memory is going so she often forgets the accident even happened. Can they do this or are they just trying to get out of paying or trying to scare us out of making a claim? Yes I use her car to run errands sometimes because I don't have a car (my friend wrecked my car) but it's still her car, she's still licensed, she's still paying for her insurance. Do you think my lawyer will be able to help me with this so I can pay for my medical care?

Nuri K2011-04-02T13:12:39Z

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First of all I don't know what is the law for insurance companies about other drivers in your state. In New York State as long as driver has the consent of the owner to use the vehicle owners insurance will cover driver if he/she doesn't have insurance just like the owner.

"I could not stop even though I was going slow so I swerved to miss a car "
---That means you were driving to fast for the conditions. You lost control of you vehicle.There is no if or but to this. You are at fault for hitting other vehicles.

" The jerking and bouncing around from all of it aggravated a back injury I have and made it much worse, as well as injury to my arm, leg, and neck. I didn't notice at first and opted not to go to the hospital (adrenaline?),"
---If you did have old back injuries you should have checked in to an hospital just to confirm there was nothing wrong. I have to guess insurance will claim your injuries were from past.


"Next week we were suppose to go to the secretary of state and sign it over to me and everything."
----This has nothing to do with anything that happened. What was the state of ownership of the vehicle at the time of the accident? That what matters no I intended to do this or that but didn't get to it.


" I was talking to a lawyer to make my own claim for my no-fault benefits since I was injured and I
will need my medical bills and stuff covered. We received a letter from the insurance company saying they would be cancelling the policy because they claim we committed fraud."
---You said at the beginning "Technically the accident was my fault but I did not receive a ticket"
and you are trying you make a no fault claim. That is considered insurance fraud. You are making false claims to your insurer for financial benefits. Also getting no ticket doesn't mean you are not at fault or you are not as guilty. It is a bonus for you. Because you lost control of you vehicle, law enforcement could have issued a "driving to fast for the conditions" ticket.

BEST OF LUCK WITH YOU INJURIES

Mushu2011-04-02T20:29:17Z

Your story sounds really fishy. Really fishy. And the insurance company thinks so too. They have every right to cancel the policy, and they have every right to refuse to speak to you because you are not named on the policy. You can talk to your lawyer, but chances are there is little he can do.
If the insurance company has determined there is fraud, then they can deny the claim and cancel the policy, and if that's all they do, you can consider yourself lucky. Insurance fraud is a felony, and you can be prosecuted.
An insurance company, by law, cannot make up a story to "get out of paying" or trying to scare you out of making a claim. They just don't do that, and that stuff only happens in movies. If they were caught doing that, they would be fined hundreds of thousands of dollars by the state department of insurance and lose their license to sell insurance in that state. An insurance company is not going to risk that over a simple fender bender.

?2011-04-02T19:28:37Z

If you have medical insurance why didn't you file that for your injuries? I don't imagine your (or your aunt's) insurance would be cancelling if you hadn't tried to file your bills with them. Do you still carry insurance on the car your girlfriend wrecked? If so perhaps that's where you should turn. I imagine since Auntie's insurance has canceled the coverage you'll have to return to your insurance anyway.

I think you've done what you can by going to an attorney. Take his or her advice for the best outcome.