Claim denied rear-end accident

[TXPatriot]

Texas

Simple case, was rear-ended while stopped at a red light. Insured's company denied my claim due to the fact that the at-fault owner wasn't carrying the correct type of insurance on his pickup. It was being used as a commercial vehicle (electrical contractor with business name decals on the doors). The claim investigator said the insured's policy doesn't have the proper "commercial clauses", etc., that it was insured as a private vehicle. Also, that the driver of the vehicle was not included on his policy.

My question: Is the insurance company trying to pull the wool over my eyes?

[jity]

Call the electrical contractor and ask them how they would like to handle this claim. And tell them your claim was denied, and see what they say. Do you have any medical?

[TXPatriot]

Texas

I do plan to call him - it's a one man operation and can't find any listing for the company in the phone book. I want to be prepared before I do so.

Medical, no. My question is about the denied claim, however. I just want the damage to my car repaired. It sounds very fishy to me. Anyone have knowledge of the law in Texas regarding liability coverage? It's difficult to believe that the man has liability coverage on his vehicle, yet the insurance company won't repair my car. Clauses for 'commercial use' notwithstanding, seems unfair, perhaps illegal, for them to deny the claim.

If they do not cancel his policy, do I have some recourse? Any suggestions how to proceed to appeal this?

Many thanks.

[jity]

I think you need to rethink your position. Your tort is against the driver of the vehicle; The driver of the vehicle is not carrying the correct insurance so his insurance co denied his claim. You don’t even need to fight this loosing battle, it’s between the other driver and his insurance company, Insurance fraud ring a bell. They had every right to deny the claim.

I would recommend that you go to a licensed body shop and obtain an estimate of the damages that the other driver caused. I would send a letter certified mail; return receipt requested to the owner of the vehicle placing him on notice of the claim and demand an immediate settlement. Good luck.

[JETX]

Originally Posted by TXPatriot

Is the insurance company trying to pull the wool over my eyes?

No. Though you feel that they are denying your claim, they are really simply refusing to provide insurance to THEIR policyholder due to his fraud (commercial insurance is more expensive than personal). You just happen to be caught in the middle of an accident with what is, in essence, an uninsured driver.

Your options are:
1) To turn this over to your insurance company and let them pursue the at fault driver, or
2) Consider a lawsuit against the at fault driver.

[TXPatriot]

Thanks to all for your replies. I appreciate the help.

Call the state board of contractor licenseing if you want a little leverage on the contractor, the dmv can suspend his drivers license too for failure to maintain lawful insurance.

[lwpat]

You may also want to call the officer that investigated the accident. He can issue a no insurance ticket and that will help you turn it over to your carrier and let them handle it as an uninsured motorist.

Dont fear YOUR IN CONTROL.