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Hit by driver of same household but not listed on policy?
I was rear ended Saturday by a driver driving his cousins car but not listed on the owners policy. I have a copy of my police report showing they share the same last name and reside at the same address. The car owners insurance seems to be procrastinating and claiming to investigate if they have coverage for the driver not listed. I do not have rental on my policy and cant occur the out of pocket expense of a $500 deductible. My insurance has no problem with me claiming it under mine as they will go after the individual driving. How can they dispute authorization to operate the owners car? They can lie and say he didn't give him permission to get out of it which leaves me with damages done to my car, repair expenses, and no transportation to and from work. Do I see an attorney even though I wasn't injured. I just want a smooth process.
Yes the owner failed to report it. It wasn't reported to them until Saturday. If I pay for it will my insurance sue the other parties insurance or the driver? Its strange, it took him a second to hit me, but days to fix my car and provide me a rental.
Sorry I meant it wasn't reported to the owners insurance until I reported Monday. There insurance says they have another team investigating and will let me know whether or not they will cover it no later than Thursday. The driver who hit me says he has a friend that repairs cars but being that my car is a silver import, I dont want mismatch paint. Even if he does fix pay to have it fixed, I will need a rental since the job can not be rushed.
I appreciate every ones answers. As much as I would like to resume my life and have my car repaired correctly, it is still to early for me to assume they will not cover it. My insurance says this is standard procedure for them to see if the driver had permission to operate the vehicle. I guess I need to relax and wait. I always thought the law required us to have insurance on any registered vehicle for this very matter. If a car is stolen, does the insurance deny paying for the car or any property damage that occurred when it was stolen? I think not. Now if it's insurance fraud, they will definitely not pay out.
5 Answers
- lucyLv 79 years agoFavorite Answer
When a claim is reported, there are 3 things an insurance adjuster does:
1; Verify coverage
2: Determine liability
3: Pay or deny claim.
1: "May" have a problem, since the driver lives in the household, but not listed on the policy. Most insurance companies require that ALL licensed drivers that live in a household be listed, since ALL drivers can have access to ANY vehicle at the household. Permissive use like 1 poster states is thrown around all the time, but usually that applies to ANYONE not living in a household, but a neighbor, a relative that visits and uses the car. His insurance company will investigate WHY this cousin was not listed. How many times if you read Y/A you see that they are listing someone else on a policy, since they are cheaper?
2; Rear end accident, so no dispute of liability
3: If paid, will owe the amount of your damages that you can take to ANY body shop plus will owe for a rental while car is in shop. If denied, (due to coverage) then they pay nothing, since if NO coverage, does not matter if at fault or not, they will not pay.
Now, your insurance company has a contract with you, so must cover your car damages. But, unfortunately, you will have to pay your $500 deductible and be out of pocket for a rental while in shop. But, if the other company denies, then YOUR company will go after the owner of the car plus the driver personally, since they will have a vested interest.
You will just have to wait and see if they cover or not. Good luck
- Casey YLv 79 years ago
"If a car is stolen, does the insurance deny paying for the car or any property damage that occurred when it was stolen?" They are not responsible for property damage caused to third parties, but they are responsible to their client to make them whole for the theft (assuming that have comprehensive coverage).
Put rental on your policy going forward, to avoid instances like this.
I would give it some time, but if they are being slow or unresponsive, go for an attorney.
- AnonymousLv 79 years ago
Bummer.
You can't get "free insurance" by not listing household members. Most of the time, there's no coverage for an unlisted household member.
Not covered, means not covered. There's no "disputing" authorization to operate a car. There's this big myth that "permissive use" extends to unlisted household members - completely not true. You'll probably even see people here say it.
You can see an attorney if you want, but they're not going to take this on a "no win no fee" basis, and the people you'd sue, are the owner of the car, and the driver of the car.
Yes, if you file through your insurance, then your insurance will go after the owner of the vehicle and the driver of the vehicle.
- 9 years ago
Most policies have a permissive use, meaning if the driver had permission to have the car the coverage is extended to the driver. If the owner says the driver did not have permission to use the car the policy will normally respond to the accident to protect the insured owner.
If the driver is living in the same household as the car owner, and was living there when the policy was written, the insurance company could refuse the claim based on a material mis-representation. In most cases the insurance on the car will respond. It sounds like a case of the owner not wanting to report the claim.
Source(s): Years of work in the insurace business. - How do you think about the answers? You can sign in to vote the answer.



