Is the driver uninsured?

[gkisystems]

What is the name of your state (only U.S. law)? Illinois.

I was 0% at fault, being hit from behind. The driver that hit me claims to have insurance and provided an insurance card to the police officer. I called her insurance company and they said they need to investigate if there is coverage.

Why would an insurance company do that? Either there is coverage or there isn't. Why would they need over a week to figure that out...there is something they aren't telling me.

Anyhow, the lady's daughter shows up to court for her traffic citations (lady is on bed rest and couldn't make it...case rescheduled). However, the daughter told the judge that she does have valid insurance, contrary to what the insurance company told me. Why?

One other thing - the lady was driving on an expired DL. I'm not sure if she just forgot to pay to renew it or if she was suspended for some traffic citation. Perhaps she paid her insurance bill, but the insurance company found out she wad driving on an expired license and therefore it invalidates her coverage. If this is what happened...do I have any chance at recovering damages from her insurance company?

 

[justalayman]

However, the daughter told the judge that she does have valid insurance, contrary to what the insurance company told me

. I called her insurance company and they said they need to investigate if there is coverage.

Where did their insurance company state there is coverage. You said they had to research the converage.

If this is what happened...do I have any chance at recovering damages from her insurance company?

You do not recover from the at fault party's insurance company. You recover from the at fault party and if they have insurance, the insurance company will pay for their clients liabilities.

So, no insurance; no insurance check

 

[Labtec600]

She could be an excluded driver.

She could have forgot to pay a premium and therefore had no insurance.



You're options are either wait until the insurance finds the coverage or pay your deductible and go with your carrier.

 

[ecmst12]

Please keep all your questions about the same accident in one thread.

 

[gkisystems]

Where did their insurance company state there is coverage. You said they had to research the converage.


You do not recover from the at fault party's insurance company. You recover from the at fault party and if they have insurance, the insurance company will pay for their clients liabilities.

So, no insurance; no insurance check

The insurance company (Progressive) was very secretive. They told me that she did not have coverage and would be considered an uninsured motorist. I asked for details and she said she couldn't tell me anything more to protect privacy.

Yet, the lady who hit me seems adamant that she does have coverage. So what is going on here? She had a valid proof of insurance card at the accident scene.

 

[ecmst12]

They are investigating. When they have made a decision, they will let you know. Until then, you wait!

 

[gkisystems]

They are investigating. When they have made a decision, they will let you know. Until then, you wait!

They did investigate. It took nearly 2 weeks. They determined she did not have coverage. So, okay fine, but why?

Why does it take 2 weeks to investigate? Perhaps is there coverage and the insurance company is not being honest about it?

 

[justalayman]

maybe they are just slow or they wanted to be sure there was no coverage and all the files are on microfiche in the Netherlands and somebody had to fly over there and read them since they are all in English and everybody knows that nobody in the Netherlands can read English.


How are we supposed to know? They did give you an answer and that is all that really matters.

 

[Labtec600]

Because disclaiming coverage to an insured is a big deal.

They're not hiding coverage from you.

 

[ecmst12]

Coverage issues are complicated. Before coverage can be denied it frequently has to be discussed with a committee. The driver doesn't own the car and coverage could be denied simply because she didn't have a valid license at the time.

 

[gkisystems]

Coverage issues are complicated. Before coverage can be denied it frequently has to be discussed with a committee. The driver doesn't own the car and coverage could be denied simply because she didn't have a valid license at the time.

I suspect that you're right - the coverage issue seems complicated, otherwise it wouldn't take 2 weeks to investigate it. It doesn't seem clear cut, as if the driver never paid the premiums. It seems like the driver paid the premiums, but the insurance company found some reason to deny coverage anyway. I'd like to know what that reason is and they refuse to tell me, to protect the privacy of their customer.

Since they won't tell me, I have no way to independently verify that the insurance company made the right decision in denying coverage. They do, of course, have a financial incentive to lean all their decisions more towards denying coverage vs. providing coverage.

So - if they did deny coverage because the driver didn't have a valid DL at the time AND assuming the policy clearly says coverage is invalidated if the driver doesn't have a valid DL, can they still be liable anyway? For instance, there might be some law somewhere that trumps the language in the insurance policy because the insurance industry is heavily regulated.

 

[Labtec600]

They do, of course, have a financial incentive to lean all their decisions more towards denying coverage vs. providing coverage.

So - if they did deny coverage because the driver didn't have a valid DL at the time AND assuming the policy clearly says coverage is invalidated if the driver doesn't have a valid DL, can they still be liable anyway? For instance, there might be some law somewhere that trumps the language in the insurance policy because the insurance industry is heavily regulated.

The amount they will pay out in bad faith for denying coverage for the hell of it is a lot more than what they will pay to resolve your damages.

You can not go after the insurance company. There is no negligence on their part coming from this accident.

 

[ecmst12]

You sue the driver. If the driver feels that the insurance company was wrong, then SHE can bring a bad faith action against them for failing to defend her. But really, the reason is none of your business, it is between the driver and her insurance company. All you need to know is, no coverage.

 

[gkisystems]

How does uninsured motorist coverage work, generally? My understanding is that when hit by an uninsured motorist, your insurance company acts as the insurance company for the uninsured motorist and reimburses you for all the expenses created by the at-fault person.

In my situation, the party at fault does not have insurance coverage, but the party that owns the vehicle I was traveling in does. That party has uninsured motorist coverage and was reimbursed for the cost of the car (complete loss).

I have property that was in that same car at the time of the accident that was damaged as a result of the accident. I submitted my expenses to replace the damaged property, but the insurance company denied the claim. Does this sound right or are they jacking me around?

 

[ecmst12]

What is the reason for the denial? What is the property and how was it damaged?