QuestionHey Justin!
Let me start from the beginning. My mom has bad health problems. I took her to the doctor and my moms condition was so severe that her doctor actually wanted to knock her out at her office. But my mom told her Dr that she rather be at home and see how she got to feeling. So my mom is totally dependant on me when it comes to helping her except financially for now. My boyfriend at the time was at work. I'm the only person on my insurance and my boyfriend wrecked my car. And when I got this new insurance, I signed a paper stating that I wanted my boyfriend to be excluded from being on my insurance because he never had to drive my car. Well that day Right when he got off of work, I had to go in. So I had to pick him up and go straight to work. I had to let him drive my car home because my moms doctor wanted her to be watched and observed very well. And To not just leave her at home alone. The gentleman who was involved in the accident is suing me because my insurance wouldn't pay for the damages to his car because my boyfriend was driving and excluded from being able to drive my car. But the only reason that he had to drive my car was to get home to my mom and take care of her and he needed the car incase she needed to go to the hospital or something. It was a emergency/life or death must for him to be here with her when I was working incase something happened. I even have a letter from my moms Dr. stating that was the case, and that she needed to have complete supervision until the next day to see if her condition improved.
So I spoke with someone in customer service with my insurance agency and they said something about the permissive use. I'm not sure but the way that I understood it was that it was incase of emergencies. Is this true? Because is was a health emergency. Very important. So what I am wanting to know is can that accident fall under the permissive use? Because I would love for the other gentleman involved in the accident to get almost $10,000.00 paid back to him because I believe he paid out of pocket for his repairs. I just need to know what I need to do to try to resolve this. Another thing...
The insurance adjuster that was working for my insurance agency never made an attempt to get intouch with me. And I called and left her messages all the time. Still no word from her. Even had to file a complaint with one of her supervisors (which I hate to do, but do you're job you know? 3 Months later which just happened to be yesterday. I had to speak to another one of her supervisors. She said that she was going to email her my concerns and complains and to call and let me know something. Still no work from her. What's funny though is that I found out everything that she had said throught the other driver that hit my car. The report said it was because he failed to yeild. (My former boyfriend) (It's a crazy intersection that is so busy and very dangerous. So what is your expert advise that you think I should do or what step should I take. But since it wss an emergency, shouldn't my insurance cover the damages under the permissive use thing? Thanks so much for your time. Please give me some good news because the court date is the 19th of this month. (YIKES)
Thanks again Mr. Perry! Hope to hear from you soon!
Sincerely,
Dana Buckelew
AnswerDana,
Whew! Let me start by saying I can sympathize with your situation. I really hope this all turns out well for you. Permissive use is not something that relies on whether there is an emergency or not. The controlling factor here is whether or not the permissive driver was excluded. Permissive drivers can be excluded, and that is what you are facing. Unfortunately, my expert opinion is that there is no way your insurance company is going to pay for an accident that occurred when an excluded driver was driving.
All hope is not lost, though. The only think I can think of (without reviewing your policy), is to hope that your boyfriend was a college student or had insurance of his own, which would become secondary coverage. If he was a college student attending college for at least 12 hours per semester, then his parent's car insurance will cover him for his liability. If he had his own insurance on his own vehicle, then that insurance would be secondary if you prove to them he was excluded from your policy. That's the long and short of it. I am sorry I don't have better news. The company I own processes cases just like yours for insurance companies, and if worse comes to worse, look me up and call me, I will provide free guidance on how best to settle your case without putting you in the "poor house". Information is always free at Petty Details, LLC!
Sincerely,
Justin Petty
