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Auto Insurance Claims/Insurance Claim Denial
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Question
Hello! My son was recently involved in an accident on the highway due to
inclement weather conditions. The vehicle skidded & hit the guard rail. There
were no injuries, just damage to the front of the vehicle which is still drivable.
My son does not live with me & was just borrowing my vehicle. The insurance
company denied the claim stating that because he is not listed on the
insurance policy. But the policy only states household members & does not
make any mention to non-household members. Can they deny this claim?
This does not sound right. I don't know which state your policy is in, so I don't know the law, but I am not aware of any state where policies can exclude Collision coverage because the driver was not listed on the policy.
Normally, the policy provides coverage as long as you, a resident relative, or anyone who has your permission to drive the vehicle, is operating it.
Check your policy declarations page first to make sure you have collision coverage. The read the policy booklet again to see when the vehicle is covered and when they can exclude coverage. Now, if your son was an excluded driver, this would make sense. This is when the company becomes aware someone might use the vehicle who has a poor record. But they would notfy you in writing before the loss if this was the case.
I would call and ask the claim supervisor to explain. If you are not satisfed, call the insurance department for your state and ask for assistance. Worst case scenario, you can get a lawyer.
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Answers by Expert:
Claims Guy
Expertise
I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer......I can answer questions related to any aspect of Automobile insurance claims and coverages. I can provide an inside look at how insurers operate. I always treat my customers fairly and want to help make sure you are treated fairly. However, please keep in mind that being treated fairly according to the law does not guarantee that you will get what you want. I can also answer some questions regarding Homeowner's and other types of insurance claims. I have handled all types of auto insurance claims and coverages. I am NOT an automotive repair expert but can give advice re how insurers handle complex repair issues. Please keep in mind that every state has its own set of laws pertaining to rules of the road, liability, and insurance. No one is an expert on every state. I am most familiar with laws in Maryland, DC, West Virginia, and Virginia, but will attempt to answer questions for other states. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.
Experience
I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.
Organizations
CPCU Society. Adjusters license in multiple states. International Association of Specal Investigators
Education/Credentials
I have a B.S. in Finance and have completed the AIC and CPCU designations.
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