Car insurance agent, is this true about accident?

Question

I was hit by a 16 year old male driver, he has a license. We both live in the same city in Texas, and both have Allstate insurance. I was in the far right lane, he came over from the very far left lane, crossing 3 lanes, and hit my side, the driver side from the driver's door to the left front, and side-swiped my SUV, with the right side of his pickup. He was going about 50 mph. I was pushed over the curb of the frontage road on the right side of the frontage. The adjuster said that I WILL NOT be covered for damages because the 16 year old was not listed on his parents insurance as a driver on the pickup! My leg was injured and I went to the ER, and the body shop damage is $3,350.00 Is this true that I have no right to a claim because the boy was not listed on his parents' car insurance policy? Thank you...

Answer 1

Coverage can be denied for a nondisclosed operator depending on your state laws.  Therefore, you will need to file your claim under your collision coverage if you have it.  Or, if you don't, your uninsured motorist property damage if you have it.  To file for this, you will need a letter from Allstate denying coverage & the reason for the denial.  Your medical bills should also come from your auto policy if you have medical payments coverage, which I am hoping that you do.

Once your policy pays, they will subrogate against the at fault party.  They will get a denial also from Allstate & then, they will go after the parents for the damages & collect by any means they can, they will first send a letter giving them a certain amount of time to pay, then they will seize assets, attach wages, etc, until the debt is paid.  They have the time & the means & the attorneys on staff to do this.  

You can go to court & try this yourself (& if you do not have the proper coverage on your policy you may have to), but I am sure you will have a difficult time collecting.  A judgment is only a piece of paper & gets you nowhere unless you can collect on it.

Even though it is expensive to list a teenager on a policy, it is much cheaper than having an at fault claim denied!

Answer 2

Contact your state insurance commissioner's office.   One issue would be if the boy was driving with parental permission and did so regularly.   In my state the insurance co would probably be required to pay only if this was an insured driver and otehrwise it would be covered only under the state required uninsured motorist cverage.   Another is that as YOUR insurance co too they have to pay some.   You certainly would have a suit against the family and a lawyer would take the case on the basis of their getting paid only if they get you money.    

Answer 3

Lawyer, lawyer, lawyer. Do they have a nice house? a pool? Can I come over and swim in it?

Answer 4

First, whether or not he was covered, the car was.  Second, if they are denying the claim they should send you a letter.  Then you contact your insurance company and open up an uninsured motorist claim.  You have those benefits because its covered under the liability part of your insurance.  They'll ask you to provide the letter and they'll take care of it.  I'm sure you have enough coverage.  Even if you don't have full coverage, liability covers this since they are claiming he was uninsured.  For the damages to your car, you open up a uninsured motorist property damage claim.  So either way, Allstate is paying.

Now as far as injuries go, just because you were injured in an accident doesn't mean they have to pay you for bodily injuries.  You would need to see a chiropractor on a regular basis, see if you have any damage through MRIS and see a Neurologist to confirm your MRI readings through a nerve exam.  Now if you do that and your MRIs and EMGS are positive, then you might have a case. Other than that, your definitely don't have one.  And Allstate they go to war just so they don't pay.  

Answer 5

I feel that the teen should've had an adult driver with him until they have drove for awhile and if so I would get a lawyer.