commerical auto policy problems

[windi]

What is the name of your state? Texas
I was involved in a wreck that was the other driver's fault. I have a commercial policy that I just found out does not have collision insurance on it (but it has 1 million $$ libility). It also lists my previous vehicle as the vehicle covered although I have owned the vehicle involved over 1 year, they never changed the vehicle insured to be my new vehicle with the company that underwrites the policy. So they are refusing to pay the claim saying that I do not have collision insurance on this policy, and the other guys insurance is saying that it is a no fault accident. The police report lists the cause of accident as he made an unsafe lane change which caused the accident. I am unsure how to get this paid for since I have insurance that won't pay and he has insurance that won't pay. My insurance would pay if this guy had no insurance.

I have reported a vehicle change to my agent, he has been sending me insurance cards on the wrecked vehicle for over 1 year(Chevy). The agent did not change the vehicle with the underwriter that actually pays the claim, they have the old vehicle listed (Dodge). The insurance cards read a chevy and the policy reads a dodge. We do not have any witnesses, but the police report clearly reads that the other driver is at fault, but Farmers has said that their insured is not claiming libility. I want to know if the policy reads that the dodge is covered, and the chevy is wrecked then shouldn't the dodge libility policy cover the chevy since there is a provision in the policy that reads "any vehicle driven by the insured whether owned or not by the insured is covered under the libility?" Since it is their mistake on which vehicle is covered then shouldn't the policy cover it whether or not it has collision insurance? I need an attorney but I haven't found one that is smarter than the insurance companies yet....

[moburkes]

Originally Posted by windi

What is the name of your state? Texas
I was involved in a wreck that was the other driver's fault. I have a commercial policy that I just found out does not have collision insurance on it (but it has 1 million $$ libility). It also lists my previous vehicle as the vehicle covered although I have owned the vehicle involved over 1 year, they never changed the vehicle insured to be my new vehicle with the company that underwrites the policy. So they are refusing to pay the claim saying that I do not have collision insurance on this policy, and the other guys insurance is saying that it is a no fault accident. The police report lists the cause of accident as he made an unsafe lane change which caused the accident. I am unsure how to get this paid for since I have insurance that won't pay and he has insurance that won't pay. My insurance would pay if this guy had no insurance.

No, your insurance would only pay if you carried UMPD coverage. Since you never reported the vehicle change to your insurance company, how were they supposed to know that you changed vehicles? What ID card do you have in your vehicle that proves the current vehicle is insured? Is there a loan on this vehicle?

Ask the other insurance company what information they are using to justify their decision.
Change the vehicle on your insurance policy.

[attnysteve]

The best angle is to attempt to change the opinion of the other guy's insurance company's decision. This may not be easy. Were there any witnesses listed on the police report? Are you aware of any witnesses? Third party witnesses’ statements are the best evidence to overcome what the defendant insurance company sees as a swearing match.

You might consider consulting with an attorney to have them review the specific facts to see if there is a way to challenge the driver's story of what happened.

Lane change cases usually involve two inconsistent versions of what happened. Without proof in the form of witness statements or definitive accident reconstruction that makes one story more plausible than the other.

[windi]

I have reported a vehicle change to my agent, he has been sending me insurance cards on the wrecked vehicle for over 1 year(Chevy). The agent did not change the vehicle with the underwriter that actually pays the claim, they have the old vehicle listed (Dodge). The insurance cards read a chevy and the policy reads a dodge. We do not have any witnesses, but the police report clearly reads that the other driver is at fault, but Farmers has said that their insured is not claiming libility. I want to know if the policy reads that the dodge is covered, and the chevy is wrecked then shouldn't the dodge libility policy cover the chevy since there is a provision in the policy that reads "any vehicle driven by the insured whether owned or not by the insured is covered under the libility?" Since it is their mistake on which vehicle is covered then shouldn't the policy cover it whether or not it has collision insurance? I need an attorney but I haven't found one that is smarter than the insurance companies yet....

[moburkes]

You need a lawyer to chime in, but if you have an ID card that shows the new vehicle on it, with the correct effective dates, I would bet that the insurance company will have to defend you, or at least cover you.

[attnysteve]

Originally Posted by windi

I have reported a vehicle change to my agent, he has been sending me insurance cards on the wrecked vehicle for over 1 year(Chevy). The agent did not change the vehicle with the underwriter that actually pays the claim, they have the old vehicle listed (Dodge). The insurance cards read a chevy and the policy reads a dodge. We do not have any witnesses, but the police report clearly reads that the other driver is at fault, but Farmers has said that their insured is not claiming libility. I want to know if the policy reads that the dodge is covered, and the chevy is wrecked then shouldn't the dodge libility policy cover the chevy since there is a provision in the policy that reads "any vehicle driven by the insured whether owned or not by the insured is covered under the libility?" Since it is their mistake on which vehicle is covered then shouldn't the policy cover it whether or not it has collision insurance? I need an attorney but I haven't found one that is smarter than the insurance companies yet....

Definitely look into contacting an attorney. It is possible that there may even be a bad faith issue in this case. From what you describe, it seems possible that your worst case could be a retro-premium that needs to be paid (if the vehicle change would have changed your rates), and that you were indeed covered at the time of the collision.