QuestionQUESTION: I WAS RECENTLY INVOLVED IN AN ACCIDENT 1/18/08 THAT WAS NOT MY VEHICLE. A DRIVER MADE A LEFT TURN FROM A RIGHT LANE CAUSING A COLLISION ON MY RIGHT FRONT AND HIS LEFT FRONT. HIS VEHICLE WAS NEW WITH DEALER TAGS, BUT ADDED HIS NEW VEHICLE TO HIS INSURANCE DEC 20 BUT WAS CANCELLED FOR NONPAYMENT OF PREMIUM 1/11/08. IF I HAVE UNINSURED MOTORIST INS, BUT WAS RULED NOT LIABLE FOR THE ACCIDENT, WHO IS SUPPOSE TO PAY? DO I SUE MY INS COMPANY FOR DAMAGES CAUSED TO A VEHICLE THAT WAS NOT MINE. I DO NOT FEEL THE OWNER OF THE CARS INS PREMIUM SHOULD GO UP DUE TO ANOTHER MOTORIST. SHOULD I TAKE THE OTHER MOTORIST TO SMALL CLAIMS COURT?
ANSWER: This is interesting. The uninsured property damage coverage was ruled out not liable? If that is the case, your insurance company is arguing that you are at fault for the accident. Depending in what state, they might argue that you were some percentage at fault, which would be enough to bar any kind of recovery.
If you are at fault, then the auto policy of car will have to pay under collision or comprehensive coverage. This will likely increase the premiums of the person paying for insurance on that car.
Sounds like you disagree with the issue of fault. Make sure the insurance company ruling out the uninsured motorist coverage is not blaming you for the accident. There are many ways to say that you are at fault, and this language would be one of those ways.
Contact them and ask for an explanation of why the coverage does not apply. If the other driver did not have insurance and he was at fault, the coverage should kick in. The only it does not is if you are at fault.
This would lead me to the second question, can you take them to court. You can always take them to court and see what a judge says, but if the insurance company is pinning fault on you, it is possible that a judge will also. If the judge does not and believes it is the other vehicle's fault, then you can show that to the insurance company and "over rule" their decision.
I hope this helps
Good Luck,
http://www.auto-insurance-claim-advice.com
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QUESTION: I WAS RULED NOT AT FAULT BY MY INS COMPANY. THEY ARE ALSO STATING THAT B/C IT IS NOT MY FAULT THAT THEY WILL NOT PAY FOR THE VEHICLE I WAS DRIVING(THIS VEHICLE IS NOT MINE NOR ON MY INS POLICY). I DON'T KNOW THE STATE STATUTE BUT I FEEL I AM RESPONSIBLE TO PAY FOR THE DAMAGE THROUGH MY INS, BUT THE INS COMPANY SAYS THAT THE OWNER OF THE VEHICLE MUST FILE IT ON THEIR INS AND GET THE DAMAGES PAID THAT WAY. IS THIS TRUE? IF SO, WHAT AM I PAYING FOR UNINSURED MOTORIST INS FOR?
AnswerOh Ok,
Insurance follows the vehicle. When you pay for insurance, you are insuring a vehicle and not a person. Your insurance company is insuring your car. Your friends insurance is insuring his. This means that his auto policy must step in and pay for the damages of the car they insured, and in turn go after the person that is at fault (not you)...
Your insurance policy is not off the hook. They usually act as secondary insurance. This means that they would have to step in and pay for whatever the first insurance company (your friends) did not pay or did not have coverage for. Your insurance company will protect you only as a secondary source of recovery (even under collision or comprehensive coverage), but you must have to show that the first policy did not have enough coverage.
What do you pay for uninsured motorist insurance for? When someone hits you in your own auto and that person has no insurance, and that same person is at fault for the accident. Also, where there is a hit and run and your car is damaged.
I know this is hard because you feel that you were driving this car and you got in an accident (not your fault), but usually insurance companies have this situation spelled out in their own policies, and the known rule is "insurance follows the car." This is one of the reasons people do not loan cars to anyone. It is not a matter of choice (even if it is unfair), but a matter of what insurance companies decide.
I hope this clears up the confusion.
Good Luck,
Anne
http://www.auto-insurance-claim-advice.com
