insrance company deny claim

[deb8428]

Ohio
Daughter was cited in auto accident while driving her grandmothers car.
Grandmother had only liability on car.
We filed claim with our insurance co. under our collision coverange.
Compensation by our insurance co. was denied because of clause stating we had regular use of a vehicle we did not own or insure.
Next we filed a claim under our liability.....because she caused damage to property we did not own.
Still waiting to hear from insurance co. Meanwhile car is sitting in towing lot racking up storage fees.
Before claim was denied.....our insurance co. went to lot and tagged the car as salvage.
We got estimate by an auto repair shop,,,he says it can be repaired with new parts for $5500. Less if use used parts.
Both air bags deployed and front bumper was torn off.
What are my options? any chance of getting insurance to pay?

 

[Raisinette]

"any chance of getting insurance to pay?"

Ohio
Daughter was cited in auto accident while driving her grandmothers car.
Grandmother had only liability on car.
We filed claim with our insurance co. under our collision coverange.
Compensation by our insurance co. was denied because of clause stating we had regular use of a vehicle we did not own or insure.
Next we filed a claim under our liability.....because she caused damage to property we did not own.
Still waiting to hear from insurance co. Meanwhile car is sitting in towing lot racking up storage fees.
Before claim was denied.....our insurance co. went to lot and tagged the car as salvage.
We got estimate by an auto repair shop,,,he says it can be repaired with new parts for $5500. Less if use used parts.
Both air bags deployed and front bumper was torn off.
What are my options? any chance of getting insurance to pay?

No. Your liability coverage covers damage caused to the property of others when you are driving your insured vehicle. The vehicle you were driving was covered for liability -- but not to itself! You cannot be "liable" to yourself because you cannot sue yourself!

Your options: pay for grandma's car and get it out of storage! Those tow/storage companies are brutal!

 

[fejee]

Although you mention your daughter was cited, you do not indicate the facts of the accident. Getting a citation does not necessarily mean you are legally liable for the accident. The citation is issued by the officer based on his interpretation of the law and the officer usually will indicate in the police report the basis on which he finds the party responsible.

Unless its a clear case of liability (such as rear ending, running a red light or where there are witnesses to colloborate the statement of the party not at fault), your only option is to pay for the damages sustained to grandma's vehicle. I don't know if Ohio is a comparative fault or conrtibutory negligence State but if the facts of the accident are such that the other party may possibly bear some percentage of fault for the loss, than you may have a chance to collect some $$, if you can show some percentage of liability on the other party.

Quote:
"We filed claim with our insurance co. under our collision coverange.
Compensation by our insurance co. was denied because of clause stating we had regular use of a vehicle we did not own or insure.
Next we filed a claim under our liability.....because she caused damage to property we did not own."
___________________________________________________
I take it the "our insurance co" you refer to here is a seperate policy than what insurance grandma carries. In that case it is important to know the following facts:
1. Does grandma reside in the same house as your daughter?
2. For what purpose was your daughter using grandma's car?
3. Go over your policy to see the definitions of an insured vehicle and what are some of the exclusions under the policy for physical damage to your car.

A wrongful denial of a 1st party claim comes with some heavy penalty on the Insurer's part. You may want to consult an attorney regarding your case. Good luck.