Questionmy wife is an illegal alien but i am legal. she was in a hit and run accident that was not her fault and we filed a Uninsured Motorist claim with our own insurance. now the adjuster is asking about her documentation status. can they deny our claim even though we have paid for a policy for years?
AnswerHi Mike,
I have to admit, I have never had a question like yours posed to me before, nor have I ever given any thought to such a situation.
Insurance companies require that any LICENSED driver in your household be named on the policy in order for coverage to be afforded to that person.
If your wife is a LICENSED driver and is NAMED as a driver on the policy, I see no way that her documentation status can have a bearing on the claim that you are presenting.
If your wife is NOT LICENSED, your statement saying that you gave her permission to drive the car should be adequate to have the claim covered.
No matter which situation applies, if the insurance company denies your claim, you should file a complaint with your State Department of Insurance. It usually takes them a minimum of 30 days to thoroughly investigate a complaint.
If they don't take your side and force the insurance company to repair your car, then you need to discuss the entire matter with an attorney.
Be sure that you give the Department of Insurance adequate time to investigate and render a decision before hiring an attorney. Once you secure an attorney, the department of insurance can no longer be involved.
I hope this information has been of help. Please write again if you feel that I can be of more assistance. At that time, please include your state of residence and the name of your insurance company.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area
