Auto Insurance Claims: Rear End Collision, No Fault / Florida

Question
QUESTION: I live in Lee County, Florida.  I was rear ended by a company truck on 5/23/2013.  I was informed by their insurance carrier, GMAC, that because the driver of the company truck was not listed in the policy at the time of the accident, GMAC might be canceling their policy back to inception date, returning their monies, and not proceeding with this claim.  Can GMAC do that?  I'm trying not to go through my insurance company because of my lack of the $500 deductible and possibility of car rental.  What are my options?

ANSWER: Indeed GMAC can do that.  Your options at this point are very limited.  Unfortunately, my suggestion as a claims veteran would be to try and mitigate as much as possible by using your own insurance policy and cross your fingers that GMAC will ultimately afford coverage for the at fault entity.  There is nothing you can do if the company broke contract with their insurance company, and GMAC would be within their rights to deny coverage if the policy requires that the company disclose all drivers.  

You can always sue the driver and the company (vicariously) for the actions of their driver and a judgment can be damaging to a thriving company.  For that option, you will need an attorney, which may be hard to find if you have a relatively small amount of damages ($10K or less).

I hope this helps even if it is not what you wanted to hear.  You can generally get me on the phone if you try, and if you feel that you need more information.

Information is always free at Petty Details, LLC!

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

QUESTION: Thank you so much for your quick response.  Another questions, please.  Can they deny my claim as being the rear ended victim in any way?  Or because Florida is a no-fault state that my claim can be denied because the other driver did not get a ticket?  Thank you in advance.

Answer
Yes, GMAC can deny your claim as the victim, but your own insurance coverage would apply.  Florida still uses a tort system in conjunction with no fault coverage mandates.  Ticket's do not determine fault, they only determine if a violation of a traffic statute or ordinance occurred.

I hope this helps!