My son and his wife were hit by a car driven by an insured driver. But the car owner is uninsured.?

Question

State Farm is the insurer for the driver, but they won't make a decsion about paying. The police report clearly states that the other driver was at fault. (He ran a red light and broad sided their car) It has been 8 days since the accident. My kids have made only 1 pmt on a brand new car. I would like to know what their rights are to get the claim moving.

Answer 1

Insurance follows the car... not the driver.  This is something most citizens dont realize. They think they can hop into any car and their insurance magically transfer.

Just because that driver happened to have insurance on his own vehicle.. that absolutely does not mean any car he drives is insured.  And that is the LAW.. not something an insurance company will make up to get out of paying.

To answer your question- it is completely up to state farm whether they pay or not.  Some companies are lenient and have clauses on their policies that state that if you are driving someone elses auto who is not insured your insurance will transfer... others are not.

If their policy states is does NOT transfer... no about of screaming or threatening attorneys will change that.  Ultimately- you need to not blame the insurance company here.. its the owners fault.

So.. basically you are at their mercy.  They have every right to investigate this.. if they find there is no coverage.. i highly suggest you go through your carrier (please tell me you have collision since the cars brand new...)  They will then go after the owner directly and attempt to get your deductible back.

Answer 2

Ask the State Farm adjuster what they need to pay the claim. One possible problem I can see is that SF needs to get confirmaton that there's no insurance on the car itself and that their driver wasn't using it on a regular basis. He may also be denying that he ran the red light. (Unless the cop actually saw the accident, the police report doesn't mean much). Were there any witnesses who can back up their account?

If SF can't resolve the claim quickly, your kids should just go through their own coverage, get paid, and let their insurance try to collect from State Farm.

Answer 3

First, the insurance is on the car, not the driver.

Second, I hope you have "uninsured motorists" coverage on your brand new car.

Third, collision will cover the damage to the car and then the insurance company can go and sue the owner and the driver of the car that caused the wreck.  Your insurance company should cover the damage (less deductible) and you should sue for the deductible, and then like I said, if the Insurance company wants, they can sue for the balance they paid.

Answer 4

Whose fault it may have been has nothing to do with what your Son should or shouldn't do concerning the accident.  I'm not sure what you mean The driver was insured but the car owner is uninsured ?   Usually (in the US) Autos are insured, not drivers.  If the auto was insured, there should be coverage.  In any case, Your Son must notify HIS insurance company.  They will handle the whole thing.  That is why we buy insurance.  Tell him to call HIS insurance company ASAP to get things moving.

Answer 5

Call your broker. It is their responsibility to take care of you. Isn't their song, "like a good neighbor, state farm is there!" File a report with the insurance commissioner of your state.