Auto Insurance Claims: I really need advice, calim, baby on the way

Question
My fiancee and I have seperate car insurance policys and seperate cars. I've had my policy for over 2 years now. Hers she obtained more recently. I usually never drive her car, she never drives mine. However, on 11/17/06 I was taking her car to the grocery store and I was involved in an accident. They are saying the accident is my fault. We've talked to her insurance company and they are saying that they might deny her calim because I am not listed on the policy. We've explained about having seperate policys as we are not married yet but they are saying that if they find out I have a bad driving record they will probably deny the claim because to them it means that she didn't include me to save money. We are concerned because my driving record is not that great but that has nothing to do with why I wasn't included. If her insurance company denys the claim what recourse do we have. We have a baby on the way and we cannot afford to continue to pay for her car and the damages to the other car. Thank you!

Answer
Hi Frank,

I'm sorry to hear of your situation. Unfortunately, this could be a problem. Although you did not say, I assume you live with your fiancee. (The expecting a baby gave it away)

Generally, most insurance policies require that you list all persons living in your household on your application. The reason is due to the very situation you described. Although you say you "never" drive each others cars, you each have access to the keys to those cars and someday, someway sombody will find it more convenient to drive the other car.

There is not a lot I can tell you that will be helpful here. Just be very polite when dealing with the insurance company and maybe things will work out alright. One possibility may be, it her insurance company denies coverage due to the fact that you were not on the policy, you may try to make the claim against your own policy. In some states you may be able to get the coverage to follow the driver. You should refer to your fiancees car as a "temporary replacement vehicle" indicating that on the night in question, your car would not start.

I hope this helps.
Richard Hixenbaugh