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Isurance won't pay for damages says it cannot find the policy holder

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tictactoess

Junior Member
What is the name of your state? GA

Someone hit me on the freeway. I opened up a claim with the person's car insurance company and now they tell me that because they cannot find the person that holds the policy they cannot release any funds. The driver of the other car was not on the policy, but they also have a diffrent address. Now the insurance has locked up any funds without any date to solve the problem. What should I do? The person that hit me and the one that owns the car have mexican origin and their addreses are from rental complexes... no wonder they cannot be found. Does anybody have a clue how to deal with this?
 


tranquility

Senior Member
Sue them as Does and get discovery from the insurance company.

If he can't find the people who hit him or who owns the car, I'm thinking he's SOL. The insurance company does not owe a duty to the OP.
 

tictactoess

Junior Member
Should i go to the small claims court and sue them? I have the police report with names and addreses, dls# and policy#, it's just they don't have any phone# for contact. Are they going to show up if sued?

I taked to many lawyers and they don't want to take up the case because I have not sustained any body injury and they won't make any money.
 

Zigner

Senior Member, Non-Attorney
Should i go to the small claims court and sue them? I have the police report with names and addreses, dls# and policy#, it's just they don't have any phone# for contact. Are they going to show up if sued?

I taked to many lawyers and they don't want to take up the case because I have not sustained any body injury and they won't make any money.
You will need to have them personally served. Good luck.
 

ecmst12

Senior Member
The other driver's insurance DOES still have a duty to defend their client if OP sues. Perhaps being served with lawsuit papers will make them more willing to contact their insurance company. But no, the insurance company cannot accept liability without a statement from their insured confirming that the driver had permission to drive the car, and a statement from the driver admitting fault.
 

tictactoess

Junior Member
OK, so nobody knows anything... no one was involved in such an issue and no one has the ability to enforce the liability law...

How is this possible since the liability law states that the liablity insurance covers anyone who is not on the policy that has a diffrent address than the policy holder?

Why is this loophole that nobody addressed so far in which the insurance company can deny a claim making the liability law invalid?

Why are we required to have liability insurance if it does not work properly?
 

ecmst12

Senior Member
1. No, you cannot use your uninsured motorist coverage. The other car was not uninsured. IF the driver of the car took it without permission, AND their insurance denies for non-permissive use, AND the driver of the car ALSO does not have insurance, you'd be able to file an uninsured motorist claim, but only then. At this time, they haven't denied the claim - they are still investigating.

2. The insurance policy will cover the named driver, and anyone else who does NOT live in the same household with the insured, AND was given permission to drive the car. If the car was stolen, for example, the insurance will not cover any damage done by the thief.
 

tictactoess

Junior Member
Is there any time limit until they have to come up to a conclusion?

They can't hold this forever, right? is it 30, 60 day?
 

ecmst12

Senior Member
No, not really. Sometimes it can take months to track someone down, up to sending out someone to the person's house to get a statement in person. If the insured person does not want to cooperate, they make life difficult for everyone.
 

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