A year ago I was in an accident that was my fault. I had full comprehensive insurance but the car I was driving was not covered and it was not my car. As a result I am being sued now . Someone told me that because I had full comprehensive insurance through them on my car that they should cover me even when i drive another car.. Kind of like when you go to a dealership and test drive a car and if you get into an accident, well your insurance covers you then.
My insurance company has turned there backs on me . Can I sue them because I am being sued ? Please help!
2006-06-22 18:56:57 · 10 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
Full coverage does not exist. It's not a good term and causes a lot of confusion. Comprehensive coverage would cover you in the event of a theft, animal related loss, weather damage, or any damage to a vehicle not covered by a collision.
You'll need to read your policy to see what exactly would be covered in the event you're driving a "non-owned" vehicle. The company I work for in Texas would cover the damage to the vehicle you were driving under Property Damage Liability coverage.
Get a copy of the actual policy that your insurance company writes. Look in the section which covers liability insurance, and see if you're covered while driving a "non-owned" vehicle. If so, I think you should call your insurance company back and explain why you think you should be covered. If that doesn't work, I'd contact the Texas Department of Insurance.
If you're policy doesn't cover "non-owned" vehicles.. well.. you might be out of luck.
2006-06-22 19:13:02 · answer #1 · answered by ezlndylan 2 · 5⤊ 0⤋
The state of Texas has a legal theory called "The Stowers Doctorine" that says:
No person can sue an Insurance Company over Property Damage caused by an auto accident - you can only sue the person that caused the damage / and because of the doctorine they don't have to pay...
This was just upheld 2 weeks ago, I was handling the case, by the Texas Supreme Court - it is on appeal to the Federal Courts now / but it won't change I'm sure.
If it was YOUR insurance company then YOU can sue them for breach of contract, but that is all (normally no where near what you are being sued for - more like what you paid in is all) and you will not win unless you have a judgment against you for their failure to properly pay the claim against you to start with.
You can do an assignment of rights to the people / insurance company / that is suing you - but this violates your insurance contract with your company.
Catch 22!
Also, per 'state rule / code / law' if you are insured then you are covered in whatever you are driving, for liability - the 'per car' BS they pull all the time is only for extra coverage of the car -- the case at issue here is a liability case and that other car was covered if you were driving..
The Texas Dept of Insurance is a joke, they will take your form, file a few more things / then tell you to hire a lawyer - it is not something they can help with.
I have watched people get raped by these companies for the last 18 years - my shop is / was blackballed because I helped people fight them.
If what I said leaves a bad taste in your mouth / remember that it was the Dem and Repub that voted for these things - next time you go to vote.
2006-06-22 19:52:07 · answer #2 · answered by theleb63 3 · 0⤊ 0⤋
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2016-09-25 00:00:18 · answer #3 · answered by ? 3 · 0⤊ 0⤋
If you were driving someone elses vehicle, what about their insurance coverage? was it active? Was it a company car? You need to find out if you were formally denied coverage from your insurance company and if they did deny it, then specifically why did they deny it? They should explain it to you. I would let your insurance company know that you are being sued and give them a copy of the complaint. Comprehensive coverage is for theft, and vandalism. You need to make sure you had liability insurance for that is what the issue may be and if the vehicle you were driving was owned by someone living in your house, it is usually denied for that vehicle should have their own insurance on it.
2006-06-28 15:19:29 · answer #4 · answered by Pucci88 2 · 0⤊ 0⤋
Typically, insurance follows the vehicle. If the car had no insurance, your company might cover it. However, unless you add the vehicle to your policy - the claim can be denied.
2006-06-24 15:07:14 · answer #5 · answered by PeppermintandPopcorn 3 · 0⤊ 0⤋
Go to the Texas Department of Insurance and file a complaint against your insurance company.They have thirty days to respond. Your right. If you had insurance, at the time of the accident, they shoud have paid it out of your polcey less the deductable.
2006-06-22 19:08:31 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You probably cannot sue them. You need to read the specific terms of your policy. "Full Coverage" does NOT mean that you are always covered in every situation. It only means that you have the minimum coverage required by your state.
2006-06-22 19:00:56 · answer #7 · answered by cyanne2ak 7 · 0⤊ 0⤋
Well, comprehensive coverage is also called "other than collision" so your policy would have to have "Collision" coverage in order for it to have coverage for any car that you drive. Comprehensive is for stuff like, fire, lightning, windshield claims, theft, etc.
2006-06-23 03:00:24 · answer #8 · answered by Kelley P 1 · 0⤊ 0⤋
Call Micheal Emma, he'll know better than anyone else I think. Do you have a copy of your insurance contract? They have to provide one for you if you request it.
2006-06-22 19:01:37 · answer #9 · answered by The Apple Chick 7 · 0⤊ 0⤋
You need to talk with a lawyer, not anyone on here!
2006-06-22 19:00:48 · answer #10 · answered by stinkybeardedclams 3 · 1⤊ 0⤋