My car was hit by another driver and his ins. Fred Loya has denied claim driver not on policy is this legal?

Question

I was driving and he was pulling out of his driveway and t-boned me my passenger doors will not open and my car gets wet when it rains his insurance has denied my claim because he is not on the policy but theres insurance on the truck is this legal anyone? Why should I file with my insurance and eat the cost if its his fault My damages are 5,000 worth ouch

Answer 1

Ok I'm not sure what the law is in your state but ai know that in Wyoming if you lend somone your car you also lend them your insurance. There for the person who owns the truck should cnatact their insurance company and let them know that the guy driving the truck did have their permission to drive. You can turn it into your insurance and then the company's will fight it out between themselfs. but as long as the accident was not your fault it should not go aginst you. Hope that helps also I would recomand contacting your states insurance commisioner they can help

Answer 2

it is probably legal in your state. It happened to me before and I had to go after the person driving and got my money through their insurance because they were insured by another company. I was lucky though!

Answer 3

Yes it’s legal. If coverage is denied by the at fault driver’s insurance company you have to go through your own insurance company to have your damaged repaired.  You may even have to pay your deductible depending on your insurance company (some waive it if the have the at fault drivers info).  Some states also have uninsured motorist coverage which would help you out in this situation… don’t worry too much. Jest have your vehicle repaired and your company will send the claim to collections/subrogation dept and go after the loser for all the money dished out to pay your claim – that includes any money you spend too.

Answer 4

If his insurance won't pay, you should pay your insurance company your collision deductible (if any).  They will fix your car and will go after the other guy.  If they collect from him, they will return all or part of your deductible to you.  If you don't use your insurance, you will likely have to pay all of the repair costs and have to go after the guy yourself.  Fair or not, I know which choice I would make.

Answer 5

Yes.

Under the right circumstances with the right policy language. Yes it can be a valid denial.

However, there is not enough information provide for me to give you a better answer or explanation of the denial.

In the mean time...you got a wrecked car (and possible injuries) to deal with.

Call your insurance company and file an UN-insured Motorist claim against your policy.

You will need to give your adjuster a copy of the letter from the other company denying your claim (due to coverage). The letter is usually all you need to trigger the UM coverage.

Your company will settle with you under your UM coverage.

If they disagree with the other companies coverage denial -- they will pursue repayment from the other company.

If they agree that the coverage denial is valid -- they will pursue the at fault driver for repayment.

In the mean time, you have gotten your car fixed and moved on with your life.

Uninsured Motorist coverage is usually required by the state. So you probably have it.  It steps up and pays what the other person's insurance should have (had he had valid coverage). This type of situation is exactly what this coverage is for.

Good Luck.

Answer 6

It's probably legal but not right.  It's also probably the insurance companies initial answer.  Stick to your guns and contact your insurance company.  They may be able to help you get his insurance company to pay.  If they are unsuccessful then you have two choices:  file a claim with your insurance company and/or sue the owner, driver, and insurance company.