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09-13-2008, 08:34 PM
| | Junior Member | | Join Date: Sep 2008
Posts: 10
| | | Automobile Liability Policy Exclusion
What is the name of your state (only U.S. law)? California
I was injured in a car accident. When I filed a claim with the at fault driver's insurance company, the adjuster stated "there is no coverage for your damages because the vehicle the driver was driving is not listed on the policy." Is it permissible to deny the claim based on this?
Any ideas of how I can get them to pay? |
09-13-2008, 09:58 PM
| | Senior Member | | Join Date: Jan 2004 Location: IN
Posts: 1,176
| | Quote:
Originally Posted by Accidentvic899  What is the name of your state (only U.S. law)? California
I was injured in a car accident. When I filed a claim with the at fault driver's insurance company, the adjuster stated "there is no coverage for your damages because the vehicle the driver was driving is not listed on the policy." Is it permissible to deny the claim based on this?
Any ideas of how I can get them to pay? | Why would the insurance pay a claim if the person did not have coverage for that vehicle? You need to sue the bad person (not the insurance company, but the driver).
__________________
Originally Posted by cbg Quote: |
Just because you see it on Law and Order doesn't mean that's the way it works in the real world. They have a script.
| Originally posted by Rushia Quote: |
I'm not an attorney either, I just know a whole lotta stuff.
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09-13-2008, 10:51 PM
| | Senior Member | | Join Date: Feb 2005 Location: Elgin, IL USA
Posts: 1,089
| | | Sue the driver and the owner to see who you can squeeze money out of. A household member who is not listed on the policy is usually NOT covered. |
09-14-2008, 12:41 AM
| | Member | | Join Date: Aug 2008 Location: Virginia
Posts: 653
| | | Also check out uninsured motorist coverage from your own insurance policy. |
09-14-2008, 01:08 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,866
| | | It depends on how the policy is designed. Usually, merely not being listed on the policy is NOT sufficient to deny the claim. They would have to be specifically excluded, or driving the car without permission. But it is POSSIBLE to have a policy designed this way, just not very common. |
09-14-2008, 06:56 PM
| | Senior Member | | Join Date: Nov 2005 Location: I don't know. The guys with the keys won't say. I think it's top secret info.
Posts: 10,176
| | Quote:
Originally Posted by ecmst12 It depends on how the policy is designed. Usually, merely not being listed on the policy is NOT sufficient to deny the claim. They would have to be specifically excluded, or driving the car without permission. But it is POSSIBLE to have a policy designed this way, just not very common. | Quote: |
"there is no coverage for your damages because the vehicle the driver was driving is not listed on the policy."
| It appears the driver did have insurance on other vehicles. It also appears the vehicle that was being driven simply was not included in any of those policies.
OP, was this a company vehicle, by chance?
__________________
we are all born ignorant. It is when one fails to remedy that ignorance when they become aware of that ignorance when one proves themselves, simply, they are just plain old fashioned; dumb.
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09-14-2008, 10:07 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,866
| | | Ugh, sorry.
Yes, insurance follows the car, so if the vehicle was not on the policy, there is a very good chance that they will not be covered while driving it. |
09-14-2008, 10:30 PM
| | Senior Member | | Join Date: Nov 2005 Location: I don't know. The guys with the keys won't say. I think it's top secret info.
Posts: 10,176
| | | Hey, it happens.
__________________
we are all born ignorant. It is when one fails to remedy that ignorance when they become aware of that ignorance when one proves themselves, simply, they are just plain old fashioned; dumb.
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