My car was hit by a drunk driver about a month ago. The insured was not driving, but in the passenger seat; her boyfriend was driving. Damage was fortunantly only cosmetic and no one was hurt.
Her insurance company is giving me the run around. I know that they have recieved the police report and estimates and I also know that the vehicle was covered at the date of accident. I received a letter from them saying they are "investigating a coverage issue". Last week it was waiting on statments.
Are they gonna get away with not paying for my damages because the insured wasn't driving? I thought liabilty in Texas was meant to cover issues as this?
My car is older, but in fantastic shape (minus the bang in the rear bumper they caused) and any money due to me isn't going to cover hiring a lawyer. HELP!!!!!!!
2007-04-01 04:01:04 · 11 answers · asked by Alicia M 1 in Cars & Transportation ➔ Insurance & Registration
A coverage issues arises whenever ANY part of the policy and it's applicability to an accident is in question. Sounds like a non-listed driver not named on the policy was driving a vehicle; if the policy specifics prohibits coverage to a non-listed driver then there is no coverage.
ALSO...since it's a DUI/DWI these take longer to resolve. The insurance company WILL NOT under any situation pay a claim without first 1) resolving the coverage investigation and 2) speaking with BOTH the named insured and the driver involved in the accident.
Hire a lawyer if you want but it's not going to make it end any faster. If you have insurance, use it. If you don't, then sit patiently and mitigate your damages.
2007-04-01 17:53:08 · answer #1 · answered by bundysmom 6 · 0⤊ 0⤋
There is a small chance that the other company may deny coverage if the vehicle is "provided or made available for the regular use" of the boyfriend. If they live together and he doesn't own a car of his own the other company may try that exclsuion.
I have used it many times during my career. It is a legitimate and legal exclusion. People who are not in the claims business think it is BS, but it is allowed. When she bought the policy she was charged premium based on her driving the car. If the boyfriend drives the car on a regular basis then the risk of an accident doubles but the company isn't getting paid for that additional risk.
If you have your own collision coverage you should use it then your company will do the legwork to collect it back for you from whomever ends up being responsible.
Good Luck
2007-04-01 06:21:11 · answer #2 · answered by fighting saints 6 · 0⤊ 0⤋
The letter from your insurance company means, they are checking on the coverage of the other driver, your coverage is not in question. If her boyfriend is not listed as a part time driver on the policy, then her insurance company is likely going to balk at payment. For liability insurance to cover, you must also carry uninsured motorist coverage for an additional fee. If your car is in better condition than the norm, for that year/make/model, take photos to prove that fact. Don't settle for something less than what your car is truly worth.
2007-04-01 06:35:18 · answer #3 · answered by fisherwoman 6 · 0⤊ 0⤋
Liability insurance in Texas covers you and anyone you allow to drive your car. It also covers you when you're driving someone else's car. It's possible here that they're trying to get the actual driver's liability insurance to pay. There is no time limit for taking care of your insurance claim. If you need free help, call the Texas Board of Insurance in Austin. They can and do put pressure on insurance companies.
2007-04-01 04:13:00 · answer #4 · answered by MEL T 7 · 0⤊ 0⤋
you should be OK. the person who was insured for the car, was in the car, so he or she is responsible for the vehicle and the driver of the car, as she is passenger.
The insurance people will play their games with you, as they do with all, they will offer you a sum you don't have to take the first offer, don't feel obliged, let them offer you a bit more you wont get the full amount, doesn't matter how old or new the car is, if you are going to court, and they are found guilty claim costs, for your time, travel expenses, and time off work...........good luck.
2007-04-01 04:22:23 · answer #5 · answered by Anonymous · 1⤊ 0⤋
I had a similar thing happen to me. The girl that hit me was driving her mothers car. All I wanted was my bills payed. I got jerked around by the insurance company (American Family) and ended up having to sue. They lost about 3 times what my bills were plus lawyers fees. Unfortunately it took almost 3 years.
2007-04-01 04:17:30 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If driver was not the insured,or named as a driver on your policy,the insurance company may have the right to deny your claim.It also realy depends on the company,some are more easy to deal with,and some are total jerks.
2007-04-01 04:10:20 · answer #7 · answered by just me 5 · 0⤊ 0⤋
Vehicles are insured, not drivers. If her boyfriend was driving with her permission, it's covered. Why are you dealing with the other insurance company at all? That is the job of your agent to negotiate on your behalf to eliminate your losses. If an attorney is needed (not likely) your insurance will get one to cover you.
2007-04-01 04:06:20 · answer #8 · answered by oklatom 7 · 5⤊ 0⤋
if you have full coverage on your car then file a claim with your company and let them sue the other company to get their money back. if not then be patient and it'll come. contact a lawyer anyway it can't hurt to get legal advice and i don't think they'll charge you for asking what you can do about the situation
2007-04-01 04:33:51 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Auto insurance always follows the car, and not the driver.
2007-04-01 04:10:02 · answer #10 · answered by oneworld09 5 · 1⤊ 0⤋