Posted On: March 13, 2012 by Stephen Bilkis

Daniel Augustin was the owner of the vehicle involved and the one who also filed the complaint.

According to a report, this is a case of car accident resulting in spinal injury and to total loss and insurance claims that resulted in a long argument in court because of technicalities about the dates and other things as well. Daniel Augustin was the owner of the vehicle involved and the one who also filed the complaint. Gilot Insurance and Colonial Penn Insurance Companies are the insurers being questioned by the court regarding Augustin’s claims.

In June of 1989, Augustin purchased a 1984 320-I BMW which he applied for a comprehensive car insurance through Gilot Insurance Company. But because it will take time before Augustin could get the title for his car, Gilot advised him to purchase first a Liability Car Insurance which will protect him for bodily injuries which may occur during an accident while waiting for the comprehensive insurance. Gilot promptly prepared the application in behalf of Augustin since this is permissible under the law. In return, New York Automobile Insurance Plan assigned an insurer to Augustin which turned out to be Colonial Penn Insurance Company. Penn consequesntly insured Augustin’s car from June 10, 1989 to June 10, 1990.

Still according to the facts, Augustin returned to Gilot on June 23, 1989 to present the title for his car and to change his liability insurance to a comprehensive insurance plan. Gilot prepared and filled out the forms necessary for the change and mailed it to Penn the following day by regular mail. Augustin also paid the first premium through Gilot who said and testified that Penn authorized it to receive the premium payment on Penn’s behalf.

Unfortunately, on 28 June 1989 Augustin was involved in a car accident which resulted in spinal injury and the total loss of his car. He made the necessary reports including an insurance claim to Penn since he knew that he had already change his insurance coverage. But based on reports that reached a reporter, Augustin was surprised to learn that Penn had refused to acknowledge his insurance claim after Gilot had prepared the necessary papers for the claim.

According to Augustin, Penn had contacted him several times after the accident through correspondences that made everything more confusing for him. At one time, July 25, 1989 Penn had brought the issue of suspending its comprehensive insurance which took effect on June 30 because Augustin failed to bring his car for inspection on July 6 and July 25, being fully aware that Augutin’s car was involved in a car accident earlier. Penn also questioned the date Gilot mailed the forms for the change in Augustin’s insurance plan. Arguments about whether the premium payment made by Augustin through Gilot for the comprehensive insurance was legal and binding or not was also brought to the court’s attention.

According to results that reached a witness, the premium paid by Augustin was legal and binding and enough to make Penn liable to pay the insurance coverage of Augustin. It was also established that Gilot had not neglected its obligation to both Augustin and Penn. Penn was asked by the court to settle all claims by Augustin. It is also tasked to properly appraise the value of Augustin’s car for proper payment and or reimbursement. Courts in New York City and Westchester are familiar with cases like this one.

These types of accidents are very unfortunate. It is however reassuring to know that there are people who are willing to help at any time during these crisis. Stephen Bilkis and Associates, together with its Car Crash Lawyers are always prepared to help you in times of your need. You can be assured that your case is handled with only your well being in mind.

You will also be happy to learn that Stephen Bilkis and Associates has already established offices across the New York Metropolitan area as well as in Corona.

Also, aside from Auto Accident Lawyers, we at Stephen Bilkis and Associates will also provide a Car Accident Attorney in case you might need one.