My attorney says their insurance Nationwide denied my claim cos the person who caused the accident was not on the policy, even if they live in the same household as the policy holder. Is this legal? What are the rules around this?
2006-08-18 16:10:41 · 7 answers · asked by sas0mi 1 in Cars & Transportation ➔ Insurance & Registration
I live in the state of Virginia.
2006-08-18 16:29:13 · update #1
If the policy carries an endorsement that excludes that person from the policy, that means there is no coverage. But you can take comfort in the fact that Nationwide also won't pay for the damages to their insured's vehicle either because they violated the contract when that person drove. Did anyone check to see if the driver has his own insurance? Make sure that is done. Virginia has Uninsured Motorist coverage, so you should be able to make a claim under your own policy for that, so your insurance company would pay it and decided if they want to go after the driver/owner. You should not have to take your own action against the person if you have insurance of your own. That's what you pay for, and your attorney probably is already looking into that.
2006-08-19 12:54:12 · answer #1 · answered by Chris 5 · 0⤊ 0⤋
Yes. If a household member would cause the insurance rates to go up, and the person buying the policy doesn't want to pay the extra money, they can "exclude" them from coverage. This means, if that person drives, the insurance company doesn't pay a dime. Not on the car itself, and not to th eperson driving.
Your only option is to sue both the owner of the vehicle, and the driver of the vehicle, for damages, court costs, attorney fees, and rental transportation for the time your car was out of commission.
You could also file the claim through your own insurance company, pay the deductible, and let THEM chase these people down.
There isn't a way around it.
2006-08-19 08:53:58 · answer #2 · answered by Anonymous 7 · 0⤊ 0⤋
Insurance policy follows the vehicle, not the driver -- however, if an EXCLUDED driver caused the loss in the vehicle then there is NO coverage. You do have every right to sue the driver or, better yet, file a claim under your collision policy and let your company go after him. Be warned, if he/she is a deadbeat with no assets, fire your scum lawyer and chalk it up to life learning lesson.
2006-08-18 17:06:56 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I'd imagine the policy holder would be liable, because they let the person drive their car.
I had a similar situation several months ago. I was in an accident, other driver was at fault. She had X for her insurance the car and its owner (I assume her boyfriend) had Y.
X refused to pick it up, so Y paid for my van repairs. I can imagine her boyfriend or whoever wasn't very happy with her!
I did report it to my insurance company to be on the safe side.
2006-08-18 16:19:07 · answer #4 · answered by ? 6 · 0⤊ 0⤋
in most states the car is what is insured not the person driving. sue them, the owner (negligent entrustment) and the driver, and let them fight it out with their insurance company. I don't think they can deny the claim on this ground, if the continue to do so and they are wrong(?) get in bed with their customer and driver and take them to the court house. it's bad insurance companies that make America such a lawsuit crazy place. do you have uninsured motorist protection on your car?
2006-08-20 08:30:36 · answer #5 · answered by Anonymous · 0⤊ 0⤋
The coverage is on the motor vehicle. If the owner allowed somebody to rigidity the motor vehicle the owner is to blame. convey adventure against the owner and national will ought to look after the owner as much as the barriers of the coverage. coverage regulation varies from state to state however the consistent is that coverage companies will discover any reason to no longer pay. touch your state coverage fee and get a ruling.
2016-12-11 11:16:44 · answer #6 · answered by ? 4 · 0⤊ 0⤋
What state do you live in?
2006-08-18 16:17:46 · answer #7 · answered by true blu 3 · 0⤊ 0⤋