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Dealer 3rd party denial...questions.

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mwfloral

Junior Member
What is the name of your state (only U.S. law)? Oklahoma. I was recently involved an accident where I was rear ended and the driver fled. The driver had purchased the car the day before, contingent on financing, which fell through and was full of fraudulent information (employers,etc). His insurance company denied my claim based on their temporary insurance rider. Something to do with all cars in the household being insured with Shelter (the drivers insurance co.). They stated that the wife had two cars that were not insured with Shelter, but provided no proof of that and denied my claim. So, I went after the dealer, and their insurance company denied my claim as well. They had to get a coverage opinion as the question arose as to who owned the car at the time of the accident. I have the title search showing that the dealer had title to the car until months after the accident. The dealer was also able to get the car out of impound. The dealers insurance co. says that is not relevant. The driver did sign a purchase agreement, but, within 24 hours of signing the purchase agreement, he had the wreck and ran. The dealers insurance company also has the date of the incident a week later than it actually was on my claim denial letter. How do I even know that they gave the coverage opinion attorney the correct incident date? Is that even an issue? In my mind, this happening within 24 hours of signing a purchase agreement, the dealer should have coverage.So, my questions are, can I appeal both denials and demand detailed explanations? or, Should I just turn everything over to the Oklahoma Insurance commision? Do the insurance companies give the insurance commision different information than they give me? The driver at the time had warrants and is in prison for many years, so, a civil action against him is out of the question. Thanks in advance.
 


ecmst12

Senior Member
A coverage opinion means they sent all the information to a lawyer who researches the statutes and case law involved to determine what would be likely to happen in court. So if they did all that and determined the dealer should have no liability, then your chances are not good. But you are welcome to pay your own lawyer to do the same thing and then file suit if he thinks you have a case.

What about your insurance? Do you have full coverage? Uninsured motorist?
 

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