Expert: Richard Hixenbaugh - 7/28/2009

Question
"Hello,

I am a rated driver on my fiance's insurance policy. I am on the policy and have been for some time. We live togehter and I'm on the policy. I was involved in a auto-pedestrian accident last September. I recently was offered the insurance maximum from the at fault's insurance company. The policy limit is low and I opened a UIM claim with my insurance. I recently got a call from my insurance company stating that I'm probably not covered for this protection. I am on the policy and have been covered before.  Any feedback on this type of claim?


Thanks."


Answer
Hi Dan,

Generally, uninsured motorist coverage protects you from an uninsured or underinsured motorist if an accident occurs while you are operating a covered auto on the policy. Since you were a pedestrian at the time of the accident, you were not operating a covered auto at the time of an accident. That is likely the reason they will deny coverage.

If and when they do deny coverage they should provide a written explanation for the denial. If you do not feel that the denial is in line with your policy contract, you can file a complaint with your state insurance commissioners office or you can seek the advise of an attorney.

I hope this helps
Richard Hixenbaugh