bad faith?

[creaznmind]

What is the name of your state? California. I was in an accident Feb 03 on the freeway, my car was deemed a total loss, the other driver was at fault on police report, and the other driver had no insurance. My girlfriend was in the car too. I got an attorney fairly quickly after the accident and immediately began medical treatment for both our injuries. We had been going to the doctors for about 4 months, and then we went to settle. My attorney set up a meeting with my own insurance co. claims adjuster. the adjuster wanted to interview both of us. The adjuster was asking odd questions, like why my girlfriends insurance wasn't involved, and trying to probe us as if they had some other intent than to help. So my attorney stopped the interview and we are now going through arbitration. But now my insurance co. is seeking claims on my girlfriends insurance company, to help foot the bill I assume. Why should my girlfriends insurance company be responsible for any part of this if I was the driver in my car, and she was solely a passenger, and the other party was at fault? Thus far all I have received is the settlement amount for the loss of the car. Is it legal for my insurance company to file a claim against my girlfriends insurance who was only a passenger? I have UMC which should cover anyone in my own vehicle, right? I am very upset with my insurance company, what can I do? Is this a case of bad faith?

 

[stephenk]

No.

 

[creaznmind]

Is it right for my insurance company to file a claim with my girlfriend's insurance company? My insurance company states that they basically will only cover family members/relatives/etc, but then she meets the definition of an "insured person", any person occupying a covered vehicle. What's the difference if she had or didn't have her own insurance? My insurance company should still be responsible, that's what I have insurance for isn't it?

 

[stephenk]

are they filing a claim against your girlfriend's insurance or are they trying to determine if she has made previous claims under her own policy?

What did your attorney say when you asked these same questions?

 

[creaznmind]

I just spoke to my attorneys office today. My insurance is filing a claim against my girlfriends insurance company. They are trying to get them to pay out for her part of the claim. Right now my attorney and my girlfriends insurance co are working together to fight it. They are not just determining whether she's filed a claim against her own insurance. We never even wanted to get her insurance involved and they never knew about the accident until my insurance filed against hers. Most people I have asked think this is bad practice on my insurance company's part.

 

[stephenk]

Your attorney is available on a Saturday?

Your carrier wants your girlfriend's carrier to contribute toward any UM recovery your girlfriend may be entitled to. theory being that you claim UM on your policy and your girlfriend claims UM on her policy.

Never heard of that one before. However it isnt bad faith because they are not affecting your coverage and settlement. Your girlfriend is a third party claimant against your policy. No bad faith involved.

 

[creaznmind]

I spoke to my attorneys office on friday. Shouldn't it be that since it was my car and I was the driver, that the passengers in my car should be covered under my own policy? My attorney says it basically comes down to the wording of the poilicy. For UM it states that 'we will pay for damages, other than punitive or exemplary damages, which an insured person is entitled to recover form the owner or operator of an uninsured motor vehicle or underinsured mv because of bodily injury: (in my case) caused by an accident.' Then it defines and insured person as (in my case) 'any person occupying a covered vehicle.' Then it states that in there is any other insurance involved, 'the damages an insured person is entitled to recover shall not exceed the highest limit of any applicable coverage. We will only pay our share of the damages, ..etc'. Then the last line states "We will not pay for any damages which would duplicate any payment made for damages under other insurance." As far as I can tell my insurance wants to get my gf's insurance involved. They were asking her why her insurance wasn't involved when they were interviewing her when we came to to closing the case. Is it right for them to force us to get her insurance involved, especially when the last thing she wanted was to get her own insurance involved? I appreciate all your advice and quick reply, I would ask my attorney but he will not be back in until monday and these questions are constantly running in my mind. I think that will be it, thanks for all the advice!

 

[stephenk]

All i can say it's an unusual situation. However, it isnt bad faith on behalf of your carrier regarding what they are attempting with your girlfriend.