Auto Insurance Claims: auto insurance claim denied, auto insurance claim, auto insurance policy

Question
QUESTION: my daughter and i rented a van in July. we were in an accident. now the insurance in trying to deny the claim because she rented the car and i am listed on the on the insurance as the primary insured, but i was not listed as a driver on the rental application. what can i do to get the insurance company to do the right thing and pay this claim?

ANSWER: Hi Mrs Phillips,
In order for me to better answer your question, please send a follow-up and let me know which person was actually driving the van at the time of the accident, your state of residence and the state in which the accident occured.
Thank you,
Bennie

---------- FOLLOW-UP ----------

QUESTION: I RECIEVED YOUR EMAIL.  MY DAUGHTER WAS DRIVING THE VAN AT THE TIME OF THE ACCIDENT. WE LIVE IN NORTH CAROLINA. THE ACCIDENT HAPPENED IN FLORIDA.  SHE IS LISTED ON THE INSURANCE AND SHE IS ALSO THE ONE WHO PAYS THE PREMIUMS. AS A MATTER OF FACT THE INSURANCE COMPANY BILLS HER EACH MONTH AT HER ADDRESS. I WAS ALSO IN THE VAN AND I AM THE ONE WHO PAIDED FOR THE RENTAL OF THE VAN.

Answer
Hi Mrs Phillips,
Just to be sure that I am providing the correct answer, this is the way that I understand your question.
You own an automobile that is registered in your name and you have an insurance policy in your name that lists you as the main driver and lists your daughter as a second driver and she does not reside with you.

The billing address and the person that pays the premium is not a relevant issue.

Under these conditions, your policy only covers your daughter while driving your car.  It does not extend to her when driving a car owned by someone else, nor does it follow her when she rents a car.
an auto insurance policy is a legal contract and spells out the definitions of exactly who is an insured and the conditions under which the policy follows an insured while driving a non-owned automobile or a rental vehicle.
Under the legal wording of your insurance policy, your company has every legal right to deny coverage to your daughter for this accident in the van in it's entirety.

If you had rented the van in your name only and listed both yourself and your daughter as drivers, then coverage would have been provided because you gave her permission to drive the van.

I know that this is not the answer that you wished to receive.  You should review the entire situation with an attorney so that you will be satisfied that I have provided the correct answer.

I recently had a question similar to yours, where a gentleman had rented a vehicle and thought that his credit card covered the physical damage.  He was mistaken and the rental company wanted him to pay the entire damages.  After he securing an attorney, the rental company admitted that they had a secondary insurance that would cover the damages and dropped their demands against him.
An attorney can look into this matter and possibly be of help to you.
I hope this has been of help.
Sincerely,
Bennie
San Francisco Bay Area