Auto Insurance Claims: Girlfriend duid my truck into a tree, question pool, lienholder


Question
Hi, my girlfriend's insurance company won't pay for my truck. They said it is because we live together and I was not on her insurance. Sounds like a useful loophole for them. I let my coverage lapse and am not covered for this accident. The lienholder of my truck is trying to get my insurance to cover the totaled truck. Is this something that can happen? The adjuster from my insurance, who said I wasn't covered because of the lapse; said she was glad that I contacted my lienholder! She said she wanted to tell me to use that option for coverage, but wasn't able to tell me. Do you think my insurance will cover this accident? Is my girlfriend's insurance company off the hook? Or is the fact that this happened by DUI, means we are out of luck Thanks

Answer
Hi Byron,
I don't know who you originally sent the question to, but I found it languishing unanswered in the question pool and decided to give you an answer.

The legal language of your girlfriend's policy covers her when driving her car and when driving and riding in other cars except under the following 4 conditions.
1. It does not follow her while driving a car that is provided for her normal use.
2. It does not follow her when driving a car left in her car and custody.
3. It does not cover her driving a car that she has owned for over 30 days and has failed to insure.
4. It does not cover her driving a car owned by someone else living in the same household.

This is standard legal wording in all policies.  If you will read your own old policy, you will see the same conditions.

Even if you still had insurance on your truck, she would not be covered unless you had named her as a driver in the household.

In order for you to be covered when you drive her vehicle, you must also be a named driver on her policy in order to be covered.

If your policy had been cancelled for less than 30 days, then your
lienholder should be able to collect the balance owed on the loan from your insurance company because your company has to provide coverage to the lienholder for 30 days after they cancel your policy,
but only for the balance owed.  There will be no payment to you for your equity in the truck.

Your girlfriends DUI has no bearing on the way this claim is being handled.

I hope you find this information to be helpful.
Your feedback by rating my answer will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area