leasee's name not on policy

What is the name of your state? Rhode Island

My fiancee was involved in a car accident in a car that was leased in my name. Now I have been informed by the insurance company that they will not represent me because my name was not on the policy (I didn't drive it, and was insured on my own car).

Am I up the proverbial creek at this point? Will I need to seek my own legal representation now or is the insurance company just being difficult?

Cheers,
Sean

[HomeGuru]

Originally posted by scorreia
What is the name of your state? Rhode Island

My fiancee was involved in a car accident in a car that was leased in my name. Now I have been informed by the insurance company that they will not represent me because my name was not on the policy (I didn't drive it, and was insured on my own car).

Am I up the proverbial creek at this point? Will I need to seek my own legal representation now or is the insurance company just being difficult?

Cheers,
Sean

**A: per the lease provisions, you were required to have insurance coverage.
Read your lease again.

The car was insured, and the policy was in her name. According to GMAC (who I just got off the phone with), I was not required to have my name on the policy.

This has nothing to do with the leasing company however, and more to do with the insurance company who was providing coverage at the time.

Cheers,
Sean

[JETX]

The bottom line to this....
As the lessee YOU were required to provide insurance to cover the vehicle. And though your post isn't clear, either you didn't have insurance or the person you allowed to drive the vehicle did NOT have insurance. (Some states require the owner to insure the vehicle, other states require the driver to have his/her insurance.)

Either way..... there (apparently) wasn't insurance to cover the damages caused in the accident.

So, WHO'S insurance are you talking about when you say, "the insurance company that they will not represent me".

Also, it is important to know WHAT damages you are talking about. To see how this is important, go to:
[url]http://info.insure.com/auto/liabilityorder.html[/url]

[HomeGuru]

There is more to this story.

If I am being unclear, I am sorry. I was trying to only provide the relevant facts and if there is more info needed I will tell you everything I know, you just gotta let me know what to tell you.

To recap:
The car was insured in her name.
The lease was in my name, but my name not on the insurance policy.

The accident itself was minor and consisted of her rear ending another car. The damage to the leased car (my car) was minimal, as in I buffed the scratches out in a few minutes. I was not in the car and never saw what happened to the other car. No ambulance was called to the scene and both cars were driven home.

Now, some more facts that may be relevant:
I received a summons listing myself and my fiancee as the defendants so I called the insurance company and faxed the papers I received from the Plaintiff's law office to them. Yesterday I received a letter from the Plaintiff's attorney that I completely do not understand:

Motion to Vacate
"If you oppose this Motion, you are required to serve one original and one copy of your opposition papers on counsel for Plaintiff within 10 days after service of these papers. Upon receipt of any opposition, or expiration of the time within opposition may be received, Plaintiff will file all papers with the clerk of the Superior Court as required by Rule 9A.

If you assent to the Motion, I would appreciate your advising me of this fact as soon as possible, but no later than the expiration of the opposition period, so that I may amend Plaintiff's papers to reflect any such consent."

This is when I called my insurance company and they informed me they would not defend me due to the fact that my name was not on the policy.

I am not trying to be deceptive here, if there is more you need to know I will be happy to tell you. Thanks for your help.

Cheers,
Sean