QuestionQUESTION: hi my name is ryan .i have 2004 honda accord 60,00 mile in it and i still owe the bank about $14,000. I had an car accident last june 28, 2009 around 3:00 p.m. west coast time. my girl was driving my car in the residential street and in the opposite lane my girl saw this driver duck down and probably she picked up someting in the ground and when she got up she just went to my girl's lane and hit the front wheel of the driver seat side and fornt wheel axle is jacked up as well as the door of the driver seat. 4 of the airbags inflate by the driver seat side. and she ran out fron the car and said 'oh my god i'm sorry it's my fault i'll pay for everything etc. and my girl was in shocked she just sat their untill paramedics came and 5 mins later the cops came, ask questions for the both party.Good thing nothing happen to my girl she didint go the E.R. but right now she's feeling the pain already especially the c-spine area,thorax and the shoulders. so I called my insurance the next day to report the claim i told the story and they said 'unfortunatley we are not able to cover your car because your girl is not under your policy but good thing it wasnt her fault so the other party insurance should be able to pay you all the damages'. So finally today we talked to the adjuster of the other party insurance, which is state farm, and they said we already talked to our client and it seems like it was you fault she said my girl was the one who went to her lane not her so obviously she's changeing her statement. so right now we just gonna wait for the police report to be done and the state farm will make a move from there. my question is what is the worst thing that could happen to my case, the state farm wont pay my car?i'm gonna end up paying in my own pocket. since i have a gap insurance is the going help my case and also do i have good chance to win my case? i would really appreciate if you could give me an answer. thank you
ANSWER: Hi Ryan,
I need a little more clarity before I can answer your question.
Throuought the question you make reference to "my girl".
I need to know if "my girl" is:
Your daughter who lives with you.
Your daughter who does NOT live with you.
Your girlfriend who lives with you.
Your girlfriend who does NOT live with you.
Your answer is very important in order to allow me to properly respond to your question.
Sincerely,
Bennie
San Francisco Bay Area
---------- FOLLOW-UP ----------
QUESTION: it's my girlfriend .we are living together
ANSWER: Hi Ryan,
If your girlfriend was residing with you at the time that you
purchased the policy, your company can deny the claim since you
didn't list her as a driver. At the time of purchase, you were
required to list all licensed drivers in your household.
Some policy's are restricted to the name drivers only and this is
so stated within the legal wording of the policy (not the declarations page).
Over the past 6-10 years, many companies have started denying
coverage on policies that are NOT restricted, but have situations where a new driver has come into the household and not yet been
named as a driver on the policy and when a son or daughter has secured a drivers license and not yet been named as a driver on
the policy and there are no exclusions for drivers in the
household that are not named on the policy.
I have been retired since age 58 (eleven years). During my 34
years of actually working in the industry, it was common
practice in cases such as your to add the un-named person on
to the policy as of the day before the accident and to then
provide coverage for the accident.
My personal policy is issued by a California company and I have
been insured with that same company since 1962. I know that
the legal definition of an "insured person" under my policy
is me or a relative and any person using my insured car with
my permission and there are no exclusions if the driver is not
named on my policy, even if such driver is a resident of my
yousehold
If your own company continues to deny coverage then you should
read the definitions and exclusions in the legal wording of
your policy. If you don't a specific exclusion for your
situation, you should demand that your company state to you
in writing the page numbers and paragraphs that give them the
legal right to deny this claim. You should then take that
letter and and your policy to an attorney for a legal analysis
of the policy and your company's letter.
As you have explained the accident, it appears to be the
fault of the other driver. Depending on the wording of
the police report, you should recover from State Farm, but
you desperately need your own company involved to support you,
otherwise State Farm will deny 100% fault and attempt to put
a percentage of the fault against your girlfriend. If you
accept ANY percentage of fault, your damage payment will be
reduced by that amount and your girlfriends injury settlement
will be reduced by that same percentage. you will owe that
same percent to State Farm for the damage to their insured vehicle and that percent for any injuries claimed by their driver.
This is why you need to get this "declined claim" issue resolved
immediately.
If you accept your company's declination as final, then they
will NOT be filing proof with DMV that you, your car and
your girlfrient were insured at the time of the accident.
Depending on your state of residence, that could result in
fines and/or suspension of both your driving proviledges.
I hope that you find this information to be of help. Your
feedback by rating my response will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area
---------- FOLLOW-UP ----------
QUESTION: i really appreciate that you responded my letter.when you say ' i should "declined claim" issue resolved
immediately' what do you mean by that. what should i do? i've been calling My insurance since last thursday july 2,2009 as the matter of fact i left a message today again but he's not calling me back. what's the deal with him? I just recieved 2 mails from my insurance, the 1st letter, they are stating that they are not reponsible of the damage of my vehicle because you know since my girl is not under my policy and the 2nd letter,they are saying " Our investigation has determined that the driver of your vehicle is not liable for the accident.therefore, we have closed out the file at this time". okey question, when they say 'investigation' is that mean they already talked to the other party insurance and they admitted it that it's their fault? if they did how come i havent recieved any call form them. also in the letter my insurance is saying that ' PLEASE BE ADVISED THAT YOU MUST NOTIFY US PROMPTLY SHOULD THEIR BE ANY DISPUTE AS TO LIABILITY.THIS WILL BE YOUR BEST INTEREST'. what is this sentence mean? i'm gonna get the police report tom. july 8,2009. hopefully i'll get a good result tomorrow. Thank You.
AnswerHi Ryan,
In order for me to answer your question in a more understandable
manner please tell me your state of residence so I can quote some
of your state laws in my answer.
Also, was your girlfriend residing with you when you first purchased
the policy or did she move in at a later date.
There is a limit to the number of follow-up's from the original
question, so you may have to start a new question with a new title.
If you respond right away, I will be able to answer your question
tonight.
Bennie
