Expert: Bennie719 - 7/13/2009

Question
My son was in a collision in my truck.  He was the passenger.  The driver left and cannot be identified.  My son has a concussion and skull fracture and doesn't have any memory of it.  Will this affect the insurance paying?

Answer
Hi Kathy,
I'm sorry to learn of your son's serious injury and do wish him
a full recovery.

Since you made no mention of another vehicle, I assume that you carry
collision on the truck and plan to have it repaired by filing a claim
with your own company.  This means that you will have to pay the
deductible.

The standard legal wording of your policy states that the insurance
company requires a report of the circumstances of the accident from
the driver.  I know of situations similar to this where the driver
was actually known but refused to make a statement that have drug out for over a year before the company waived the requirement and paid
the claim.

No matter how well you may feel that you have been treated in the past, the insurance company is not your "friend".  You can expect
them to stall as long as possible and then pay the least amount possible to repair your truck.  Even if your son was found unconscious
and buckled into the passenger seat belt, they are going to consider him as the driver until there is proof to the contrary.

Surely, your son would allow no one else but a trusted friend to
drive your truck.  I suggest that you call all of his friends and
even if none of them admit being the driver, perhaps one or more
saw him a short time before the accident and can tell you who
was in the truck with him.

If your insurance winds up paying this claim without a claim
report from the driver, they are only going to do so by considering that your son was the driver and this will be a fault loss
against his record and cause an increase in the cost of your
insurance.

Based on the location of your son's injuries, the condition of
the interior of the vehicle as far as blood stains, dents or
broken parts that his body came in contact with, the insurance
company has already arrived at a conclusion as to whether or not
he was the driver.

Once his memory returns, he must be honest with the insurance
company.  To do otherwise would be FRAUD could void the claim.

I hope that you find this information to be helpful.  Your
feedback by rating my response will be appreciated.

Bennie
San Francisco Bay Area