Expert: Doctor Settlement - 9/27/2008

Question
Hi, I had an accident with the rental car and I am added to my fiance Geico Insurance. Now, geico is saying they won't cover me as I am not his wife, saying there is some legal issues..
If i m added to insurance policy, won't it I b covered for the rental collision damage ? As long i m active in insurance, will it matter like i m not married?

Answer
Hi Tisha,

We DO have an expert here who is a true insurance adjuster, and so you might also try him.  Forgot his name, but check the background of the experts.  Doctor Settlement is an expert on personal injury insurance claims: attorneys DO get into questions of coverage, so at the minimum I can offer these observations.

First, make sure that the legal issue is not one of the extent of coverage versus being covered in the first place.  What that means is even IF you and your fiancee were covered, there are some losses for which you may not be insured by your own insurance if another party causes the damage that results in a big diminished value claim by the rental car.  The rental contract will bind both you and him to payments that his insurance might not cover.  Hence, that could be the "legal issue".

Now, let's move on to the question of how they can accept the premiums and still exclude you as an insured.

#1 problem is if your fiancee deceived the company on the application.  They can contend that a valid contract was never made if your status was shown as something other than what it was: i.e. a spouse or living in his home.

This is a question of contract.  If your fiance's agent added you knowing that you were not married, then they are stuck, contract provisions notwithstanding.  The actions of the agent bind the company.  So that is cure #1.

Cure #2 is if you were added while being a member of her household with regular access to his car.  They would be bound by that.

But what if you lived in different households?  This is a question for your state insurance commissioner http://www.settlementcentral.com/links.php

The question regarding rental car coverage should not matter inasmuch IF you are a covered insured, your coverage will be no different than the owner of the vehicle.  

Best bet: get the definition of the "legal issue" ASAP and then knowing what your fiancee put on the application for insurance, call your state insurance commissioner.

I trust that my time here has produced some information of value to you, and hence I respectfully request that you locate the FEEDBACK FORUM here on this site and leave some feedback for me.

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com