I live in tx if a car hit my house does their insurance have to pay ?

Question

a car hit my house now their insurance says they dont have to pay because the driver was not on the policy. what should i do

Answer 1

You need to file it under your homeowners policy.  If you have a standard HO3 policy, damage done by vehicles to your home is covered.  Your homeowners policy will then go after (subrogate) against the at fault party (the owner of the vehicle and the driver) and they will likely have to pay out of pocket.  They will attempt to get what they paid plus your deductible back.

Just so you know - even if the driver was covered, the auto policy would only cover actual cash value of the damages, meaning the damages would be depreciated due to age and condition so unless your home was brand new or in 100% perfectly perfect condition, you would have to pay something out of pocket, it could be a lot, I am sure it would be much more than your deductible.  If you are insured on your homeowners policy to at least 80% of replacement cost, again, if you have a standard HO3 homeowners policy, your homeowners policy says they will pay replacement cost up to the dwelling limit on the policy.  This is much better coverage.  It would also be much easier to deal with your own company instead of trying to deal with someone else's.  

Good luck to you.

Answer 2

get a lawyer or sue the driver  

Answer 3

It sounds like the auto policy is denying coverage b/c the driver is not listed on their policy. (and this can be a valid denial of coverage---- for example: if the driver is a resident of the owners house hold - the vehicle is provided for his regular use and he is not listed on the policy= valid coverage denial.  So, all those folks reading this who thinks its a great idea to not list your teenager on the policy to save money-- you may not be covered if teenager has a wreck)  Or if the car was stolen- valid coverage denial.

We don't know all the facts - but if they don't have coverage -- they don't have coverage.

File under your homeowners insurance. They will then go after the at fault driver for re-payment. If you have a replacement cost coverage on your homeowners -- its a better option anyway.  Here's why:

Lets say the car had a valid policy at the time of the accident and was able to pay for the damage to your house. You would be filing a liability claim against the auto policy. However, liability coverage does NOT pay replacement cost. That means, they would take depreciation for materials used to fix your house. You would have to pay some out of pocket.

Most homeowners policies are replacement cost. That means, they will not take deprecation. You will incur your deductible. Depending on your deductible - you could come out with more money this way.

When your homeowners policy goes after the at fault driver -- that process is called Subrogation. If they are able to collect money - then they will collect your deductible on your behalf and forward it back to you.

Your agent can help you get the claim filed.

Answer 4

They are trying to s***w you over. Insurance is for the AUTO, not the driver. It doesn't matter if the driver wasn't on the policy. What they often do is pay the claim and cancel the policy, releasing the insured. You may want to consult an attorney.

Answer 5

Put in a claim on your homeowner's insurance policy.  Your insurance company will most likely attempt to subrogate, which means that they would use their lawyers or sue the driver or their insurance company in order to reimburse their costs.

You will have to pay your deductible initially, but if your insurance company successfully subrogates, they will likely reimburse your deductible.

That's a lousy situation.  Good luck.