Other Person Ticketed But Insurance Co. Won't Pay

[haha0002]

Thanks RR Rodriguez.

 

[tammy8]

And by law the insurance company has to notify the leinholder. I bet they did and can prove it with their own records. Sounds unforunately like your child did not read his mail (ins companies in NC are GREAT at keeping detailed records---call them and they will likely be able to provide those letters to son/leinholder).

 

[haha0002]

Lienholder already confirmed they were not notified.

 

[ecmst12]

So did son even have the LH listed on the policy? That's his responsibility, and people fail to do it frequently.

 

[tammy8]

And you told FB that you needed a copy of the notification, right?

 

[rhinocl]

A few thoughts 1)Just because the other party's insurance company says you are 1% at fault don't make it so. Talk to lawyers about filing suit against them.
2)The fact that your company didn't notify your lender about the change in coverage won't help you much in and of itself, but it may support your claim that they didn't notify you. Try to find your copy of the renewal paperwork. If you ask for their copy of what they sent you they can easily insert an extra form that you did not get. Talk to the same lawyer as in 1) to see if they think you have any case against the insurance company. They shouldn't be able to bury a major change in a 30 page form, but laws tend to favor insurance companies. If the lawyer thinks there is a case against them, you can try the insurance commissioner's office in your state before you sue. If you need to buy a new car with finanicing try to do it right away before you get into a mess with your present finance company over the wrecked car.

 

[ecmst12]

This isn't OP's car or his policy. And insurance companies don't apply contributory negligence unless there is a pretty solid case against them. If son had the last change to avoid the accident (because the other car was more then halfway through the intersection when hit), then I would agree he contributed.

 

[rhinocl]

This isn't OP's car or his policy. And insurance companies don't apply contributory negligence unless there is a pretty solid case against them. If son had the last change to avoid the accident (because the other car was more then halfway through the intersection when hit), then I would agree he contributed.

I strongly disagree with the second sentence. Insurance companies do not like to pay claims. They will pull this kind of garbage on the thinnest theory possible and let the other party try to force them to change their position. Perhaps the sky looks green instead of blue to an adjuster who has received checks from them. If the 3rd sentence applied I think they'd be claiming 20-30% instead of 1%.

 

[ecmst12]

They are not claiming 1% or any particular number. They don't NEED to put a number on it. Hitting a car which has control of the intersection is a significant contribution.

 

[haha0002]

Ok. here's the latest. BTW, this is HIS policy, not mine. His own car, his own policy, nothing to do with us. I'm just trying to help him find out what is going on and what his options are.

He called the insurance company directly. They took off collision in March of '08 because he did not have a NC driver's license - license is from MD - stupid on his part.

I'm guessing his only option is to sue the other party at this point.

 

[ecmst12]

He can try that, but his chances of winning are slim.

 

[haha0002]

We have asked the agent for a copy of the letter notifiying the finance company of the deletion of collision coverage. He has not sent it, but faxed other paperwork. I noted the finance company was not shown and asked him where it was. He said the finance company was never given. However, when my stepson purchased the car, the agent drove to the dealership to pick him up and write up a policy, because the finance company would not allow my stepson to take the vehicle unless it was insured.

 

[InsaneJane]

I feel for your son.
As for having a MD license instead of a NC license, that is a mood point. Many properly have vehicles insured in the state that the vehicle is registered and housed in but have their resindence and license in another state, and the insurance company took the premiums and notified the lienholder of such.
Their story is nothing but a dodge, and the insurance commisioner and the lien holder aren't going to be buy it. (it would probably be a good idea for your son to have someone at the address in MD be able to state that your son does spend more time in Md then NC, just in case).
It would be a good thing to keep good records of all contact with the ins co and request everything in writing.
Contacting the NC insurance commision would probably give a wealth of knowledge.
Seeking the advice of a lawyer may also be in his best interest.

Good luck.

 

[tammy8]

So he has NOT had full coverage for over 20 months, not read his policy and NOT realized he was not paying what he probably should have been? If it was a month or 2 or even 3, maybe I could understand....But NOT 20 MONTHS!