Expert: Richard Hixenbaugh - 7/16/2011

Question
I renewed a policy with allstate on 4/15/2011.  On May 22, 2011, allstate underwriters dropped my collision and comprehensive and rental overages due to accidents in 2009 that were no fault accidents.  One was a driver rear end me and a traffic light in Florida while on vacation. I was scared and did not contact police.  the insured was also a allstate customer.  allstate never asked who was driving the car at the time of accident and made an assumption i was driving.  while in Florida, my car was in the airport parking lot and when I returned someone had hit my bumper.  allstate indicated I was the driver of both accidents and even though I was not at fault for neither, they had to dropped the coverages b/c of them.  On June 5, 2011 my daughter had an accident and when I reported the claim allstae refused to pay for the car.  I informed them I was not the driver of neither accidents especially the one in which was in the airport parking lot.  per allstate if I can prove I was not the driver for both, they would reinstate my collision and comprehensive, however, today they stated if I showed evidence.  I asked for the recorded phone record indicating me identifying myself as the driver of the accidents in Nov. 2009 and they refused.  I need help on what to do.  Also they informed me that they failed to asked who was driving, but later came back and stated I said I was the driver. but my husband was and I was not at fault for neither of the accidents. what should I do?

Answer
Hi Ann,

When you have an accident, it is your responsibility to report the accident as soon as possible and provide a statement of all of the relevant facts of the accident including who was driving the cars.

It appears that since you did not provide that information when you reported the accidents that Allstate determined you were the driver. It is up to you to prove the facts of the accident. Now that time has passed it will be very difficult to prove that you were not driving. Because now it looks like you are just saying that to get your insurance reinstated to get your car repaired.

Unfortunately, there is nothing I can tell you that will make this happen. You just need to call a claims supervisor and have them re-open each of the prioor accidents to conduct an investigation of the events. If thay are willing to do that, it will be up to you to provide proof that you were not the driver in the form of a police report or an independent witness that was not in the car or related to you. If that is successful, you may have a chance at reinstatement.

I hope this helps
Richard Hixenbaugh