Rear Ended by uninsured drunk driver day of purchase

[Bbeeler]

Jurisdiction

Texas

I purchased a vehicle and also a full warranty and gap insurance at a major dealership. I signed a document saying I would furnish insurance (although the blank for when I was supposed to furnish the insurance is empty).

I upgraded my insurance after the purchase to comprehensive, mistakenly thinking this was full coverage. I also needed collision insurance.

That night I was rear ended by a drunk uninsured driver.

My insurance will not cover the accident, the dealership is not returning my calls, but I believe they accept no liability.

I believe my best course of action is to sue the other driver for damages, but I would also like to cancel my gap insurance, and warranty bought at the dealership (I was told I could cancel these within 30 days). These services will obviously be useless to me.

Please tell me what my options are.

 

[army judge]

I believe my best course of action is to sue the other driver for damages, but I would also like to cancel my gap insurance, and warranty bought at the dealership (I was told I could cancel these within 30 days). These services will obviously be useless to me.

Please tell me what my options are.

You've correctly recited your best option above.

I suggest you speak with two or three accident attorneys in your county, retain the one you deem best, advise him/her to advocate aggressively for your interests.

Good luck, amigo.

 

[Betty3]

You can sue but the problem is collecting if you win.

I would talk to a lawyer or two as suggested.

Good luck.

 

[Highwayman]

...but I believe they accept no liability.

Why should they? It was your error getting the "wrong" coverage.

 

[mightymoose]

It is my understanding that the vehicle is temporarily insured by the dealer until you obtain your own. The accident happened before you obtained insurance... Dealer insurance should cover it

 

[Highwayman]

It is my understanding that the vehicle is temporarily insured by the dealer until you obtain your own. The accident happened before you obtained insurance... Dealer insurance should cover it

Even if that was true (and I really can't see it) how long do they give you?

Besides, the OP HAD insurance so I don't see why the dealership should accept liability.

 

[army judge]

It is my understanding that the vehicle is temporarily insured by the dealer until you obtain your own. The accident happened before you obtained insurance... Dealer insurance should cover it

You're right, but the 30 days is YOUR insurance.
You are automatically covered for 30 days to allow you time to formally add the recently purchased vehicle to your policy.
Problem is, OP says he changed his coverage to comprehensive only.

 

[txls]

No mighty mouse that is not correct. The Dealership does NOT temporarily cover the vehicle. It is the purchaser's responsibility as soon as they sign their papers. Was your vehicle totaled in the accident? If yes, then you certainly can cancel the warranty but you may need the GAP coverage. If it is NOT a total loss then you may not want to cancel either.

 

[Highwayman]

No mighty mouse...

The poster is a moose not a mouse. Big difference...