I'm not sure the errors and omissions claim is the way to go here; at least at this point. I would file a complaint with your state department of insurance first; that will usually get the insurance company moving on a coverage investigation; which if they can not pin point the exact time and reason your coverage was dropped; I expect that they will cover it.

 

here you have no choice when you reginter your bike that is also insurance its all together you have no choice

 

I have Dairyland here in Illinois and I get a new declarations page at every renewal. I haven't heard anything bad about them yet.They seem to be the least expensive on Harleys but not so on other brands.

 

if you said what I think you said, you are only required to have LIABILITY insurance, i.e. fixes everything you tear up belonging to everybody but YOU! Collision or Comprehensive covers YOUR stuff and it is not mandatory coverage.

To OP: You hit the other vehicle therefore your insurance should fix their vehicle. If you can prove the other vehicle caused it, your insurance should go after them to recoup what they paid out to the car you hit and collect to fix your damages. I don't see that happening in this situation. You did the right thing in contacting the State Insurance Commision (or whatever it is called in TX). Somebody at Dairyland has apparently really screwed up your account.

 

Your state has an insurance commissioner (or similar office), so I'd start there. All insurance companies must register and are regulated within the state by this office. The office will have an investigator (or multiple investigators) for complaints.

They are saying that the accident is your fault or that the dropping of coverage is your fault. Big difference on what to do next, depending on which response they are giving you.

It probably shouldn't take them long to determine when you dropped the coverage. They won't have record of the telephone call, probably, but they will certainly have record of the change. Insurance companies are usually very good at keeping records ... good records help them to avoid unnecessary risk if they get sued in a situation like this.

Before I became an academic I practiced law, and I've sued a number of insurance companies over the years. Won every case, too. A good attorney will be able to evaluate your claim and make a decision based on the facts/law in your particular jurisdiction. As a rule, you do NOT want just any attorney, but instead want one that is skilled in dealing with insurance regulations and contracts. Check with the state bar association for a list of attorneys in your area, and they will usually have attorneys listed by practice areas.

TV attorneys usually focus on quick cases; i.e., those that will have a very high percentage for settlement. Those TV advertisements are expensive, so they need to keep a good source of money rolling in. I'm not a real fan of TV attorneys. They are not always the same as a good attorney.

Be careful of any attorney that makes too many promises too fast. The reality is that a skilled/effective attorney will NEVER promise a result, but can reasonably explain your rights. There's a big difference between having a cause of action, right to sue, and a winning case.

One thing to remember is that insurance companies will generally fight any lawsuit. They are not easily intimidated by a threat to sue. These folks, like good trial lawyers, make their living fighting in court. So you'll want an aggressive attorney that can evaluated not only your case but the insurance company's chances as well.

 

Thanks to everyone for the replies. To start off, I did not kick the vehicle to be a dick. I kicked her car as I was laying on the horn because she never saw me. I did it to keep from going home with that irritating road rash, or in a body bag because I was in an inside lane with no shoulder and a cement barrier. The woman that I struck was in front of me. I was not cited for anything.

As for the paperwork. I've had to call and request a new card every time I've needed one, because they have yet to send it out automatically. I have kept everything they've sent me, and there was only one actual declarations page from the start of the policy in 2005. They actually asked me to fax what I had to them, and said that they don't have any other "Dec" pages, they just know that I don't have Collision, PIP, bodily injury, or uninsured / underinsured motorist. Again, they don't have any signature forms, or any idea of when this was all supposedly cancelled.

Dairyland did call me the other day with "The next step in the process" and took a recorded phone interview. They say they will review this conversation with management, and will request more paperwork from the home office, but that is all. They can't, or won't really tell me anymore than that.

I did file a complaint with the Texas Department of Insurance, but that takes a few days to process.

So here I sit.

 

I have Dairyland Insurance in Utah (through Harley Davidson Insurance) and I get new cards and declaration pages for each of my bikes each year when it's time to renew, along with a bill and every time I change bikes (3 times over the last 5 years), I get a new declaration, card, and bill if the rate changes.

 

Never even heard of "Dairyland". Good luck.

Progressive Insurance is great!

 

First of all, if I understand your description of the accident, it sounds like you are completely at fault. If you had time to kick at a car, you had time to ride your bike and evade it. You then ran into another vehicle. Your insurance company will pay out to that driver.

Now, I have to ask....You're telling us that you've been sending money to an insurance company for 5 years and never got an actual policy listing your coverage?

There are several somethings not right with this story. If you have a policy showing full collision coverage, then you should be fine as far as getting your bike fixed. If you don't....Why on earth were you sending money to the company?

And as far as the accident....I'm more than happy to yield a lane even when the law says I have the right of way. Know why? In any confrontation with any other vehicle (including bicycles and scooters), I lose.

 

you have to find the papers that Dairyland Insurance Company sent to you when you renewed your policy it will state exactly what your coverage is. if you have your documents of the coverage and do have full coverage i would make a copy of them and copies of reciepts of payment and send them certified mail return reciept to the main office of Dairyland Insurance. [ if they sell insurance in other states i would also file complaints with the US Attorney's office, Texas state Attorney's office and Texas dept of Motor Vehicles ]. you might want to talk to an attorney about taking Dairyland to court if you have proof of coverage and proof that the policy is paid, GOOD LUCK hope things work out for you.