What should I do if the Auto Insurance denied this claim?

Question

On May 24, the driver of the vehicle insured by Titan Auto hit my parked car in the early morning. He was arrested for drunk driving. The driver was not the owner of the car that hit me and the insurance is under the owners name.

Titan said they had to contact the vehicles owner to make sure they had permission. Repeated calls to the adjustor in the last few weeks were not returned so I had to contact her supervisor numerous times to obtain information for my claim.

Titan has now denied my claim. They say that since they can not find the owner or driver of the vehicle that hit me, they will not pay for the damage.

Answer 1

Is there a police report available?  If so, send it to the insurance company, and tell them to pay up.  They cannot deny the claim just because they cannot get in touch with their insured.  In most cases, when our claims department receives a third party claim where liability is probable, if we cannot get in touch with our insured, we pay the claim after 30 days, if there is a police report.  In most states, the insurance company cannot deny compulsory limits if the owner did not give permission for the driver to use the vehicle.  The only exception would be if the vehicle was stolen.

You could always file a claim under your own collision coverage, and your insurance company will subrogate for what they paid you and your deductible, if it applies.

Answer 2

You should contact your insurance company and let them know what's going on, and you might also want to talk to an attorney.

It's common for insurance companies to deny claims, and some won't pay unless there's a court order forcing them to.

Answer 3

It is very common for insurance companies to deny claims if they cannot get in contact w/ their policy holder.

The policy states they insured has XX amount of days to report a loss, Usually 91 days from the date of the accident. Other policies will state "as soon as practicable."

If the insured failes to respond and cooperate w/ the companies investigation, this is a breech of the policy contract, thus resulting in a denial of the claim.

Titan is needing their insured's statement to confirm the driver, Who sounds like is not on the policy, Had permision to drive.

If you have collision coverage I would suggest  you make the claim w/ your company to get your damages covered.

Just keep in mind, YOUR insurance company would not pay ANYONE who said YOU or Your car hit their car w/ out speaking to you first.

Answer 4

Have you sent the police report to Titan insurance.  If so, it sounds like they are correct.  They must verify with their policy holder if the driver had permission or not.  If he had permission, they will cover your damages.  If not, they will deny the claim.  Now that they have denied it, you only other option is to go through your own insurance and pay your deductible which is not fair, I know.

But now you know how to get out of a claim, if you are at fault in an accident. Although, her insurance company will probably drop her since she did not cooperate.  

If it were me, I would go over to the owner's house and make her call the insurance company while I was standing there.... or else....