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Auto Insurance Claims/car loaner deer hit no loaner agreement

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Question
QUESTION: I had a loaner car from a dealership while my car was being repaired.  Hit a deer with their car.  I had no loaner agreement signed and they say that I am liable for the damages and my insurance says since there was no agreement signed my policy excludes coverage and the dealership must claim under their policy. The dealership now says they are taking it to court.  The dealership tried to get me to sign a loaner agreement when I came to pay for my car after the fact and after I hit the deer. I did not sign it because it was after the fact.  What should I expect to happen?

ANSWER: The first thing you should do is carefully read the policy booklet provided by your insurer.  Policy language varies by state and by company so I can't give you a definitive answer.  In most cases, the loaner would qualify as a "temporary substitute car" regardless of whether or not there was a written agreement, and your comprehensive coverage would pay for the damages.  I am assuming you have comprehensive coverage on your policy.  But read the policy booklet to see if there is a specific exclusion.

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QUESTION: I am going to go through my policy as my insurance says there is an exclusion for it as long as the dealership has coverage.  The dealer does have coverage but say they are choosing not to use it (as they say) and my insurance is to cover it exclusion or not.  Written rental agreement or not.  Most things I have read says that there has to be a rental agreement.  I am in MN and dealership was in IA.  I do have comprehensive insurance. My insurance said they will be going to court, if needed, and hire the attorney on my behalf and theirs.  I don't like it as I am the one that is going to be named that they are going after not the insurance.  I do not want to be responsible to have to pay this out of my pocket.

Answer
Ok, now I understand.  They are not excluding coverage.  Your insurer is stating that they are secondary coverage and the dealer coverage should be primary.  They are probably correct.  They have promised to defend you so you have nothing to worry about.  Worst case scenario, the insurer loses in court and they pay.  

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I am currently an Auto Claims Manager for a large insurance company. I have 20 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 20 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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