Car Insurance problem?

Question

I took my wifes car out for a drive last night and slammed right into the back of a Brand New Honda NSX, which in turn slammed into a newish BMW that was infront of it.

The insurance on my car covers me driving other peoples cars, and my wife has one of those open driver policies which covers anyone driving her car.

When I called my insurance company this morning, they wont cover me driving my wifes car because of the open driver policy, they said the third party extension is only valid if i am not covered by any other insurance

When my wife called her insurance company, they said they wouldnt cover me because of the third party extension and the open driver policy is only valid if the driver isnt covered by any other insurance.

What can I do? Because I cant afford to fix those cars.

Also my wifes well mad at me for crashing her Cooper S. I said she can have my Nissan Micra but it didnt go down too well, im in a real pickle

Answer 1

:/

Answer 2

This is known as 'contribution' - if more than 1 policy covers a risk then the insurers should share it.

If your wife has comprehensive cover then her insurers will pay for the damage as that is the only policy that covers material damage. (I hope you pay your wife's excess!).

With regards to liability, the established procedure is that your wife's policy should pick up the tab so I suggest you go back to her company pointing this out.

I also suggest you find a more accommodating insurance company or, preferably, go through an insurance broker - who is there specifically to sort out problems like this. As you have found out - if you go direct through a company you are on your own in the event of a claim.

(You can probably also put in a complaint against both insurance companies in that they are not treating you fairly by trying to avoid their liability.)

I can't give you much advice about your marriage - but a big box of chocolates/ flowers or a meal in a posh restaurant can help - just to show you care and are sorry.

Answer 3

I've not heard of an "open driver" policy. In most cases the liability insurance will follow the owner of the vehicle but in some cases it follows the driver.

An insurance company is noy denying coverage until they put it in writing. Get each carriers denial in writing and make sure the _specifically_ point out in the policy where the denial is coming from (they need to quote the policy). While your doing this, let each carrier know the other one is denying the claim for the _same reason_. Obviously this can't be correct (each one is denying it because the other one is primary... which is obviously impossible). If those adjusters are smart (jury is still out on that one). They should get off their lazy butts and call the other adjuster to discuss the matter! It's _THAT_ simple.

If they want to put their denial in writing (which they need to do) then they stick their necks in the noose for all kinds of bad things if they are wrong. Some adjusters will just tell you they won't cover the loss... it's a different animal for them to put it in writing as then they are commiting to their decision.

If needed, speak to a supervisor. If your in the US, file a complaint with your states Dept. of Insurance.

Answer 4

Well...

That sounds just odd....especially considering that almost ALL auto policies include the spouse as a NAMED INSURED unless you are specifically excluded.

You need to request a copy of the insurance policy - which they should provide without questions.

Then read the WHO IS AN INSURED section of the policy.

Again - a spouse is usually considered a Named Insured.

Now - are there situations where you/she could get in trouble?

Yes.

Did the insurance company know she was married?

Did she know that you were residing in the home?

And - if you have a car - don't YOU have insurance? Regardless of whose car you were driving - your insurance could provide coverage (There is usually an 'other insurance clause' but that is a whole other story)

Best o'luck to you.

~jifr!

Answer 5

Call up the owners of the two cars and give them the insurance information for both of the insurance companies. Their insurance companies will contact those two and something will be worked out. (Probably each will pay half and both will raise their rates.) In the meantime, you file a claim for damages with both the companies for your wife's car.

You did create this situation yourself. It is customary for spouses to carry one only single auto insurance policy on all of their cars and both be listed on the policy. That usually gets you lower rates and avoids problems like this.

You need to recognize WHY you have separate policies on your cars.

Is one of you is a really BAD driver and has higher rates so it is cheaper to have separate policies? From your description of the accident, you must have been going pretty darn fast and I bet it is you that is the bad driver and has the high rates. (And now because of this accident, they are going to get even higher.)

Answer 6

OK then you own insurance pays for the damage to the two cars as a third party risk. But you are not covered for her car "so they say" so they must pay for her car. The insurance company is I think stretching things here a bit. get your policy checked through they may be right. Welcome news has it I think

Answer 7

Ask the financial ombudsman. They will deal with both insurance companies and make an impartial decision. It sounds like your wives insurance should be responsible as you are only covered in the event of no in surance.

Answer 8

you must be able to use your insurance cus you are covered to drive any car?