Auto Insurance Claims/AM I COVERED?

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Expert: webfoot - 9/5/2007


Question
I WAS INVOLVED IN A HIT AND RUN WHERE MY VEHICLE WAS REAR ENDED BY A JEALOUS X OF MY CURRENT GIRLFRIEND... AFTER I GOT HIT I WENT HOME TO CALL POLICE AND TO MY AMAZEMENT FOUR COP CARS PULL UP TO MY HOUSE AND TELL ME HE HAD CALLED THE COPS ON ME...I EXPLAINED WHAT HAD HAPPENED AND THEY BEGAN TO SEARCH MY CAR THEY FOUND TRACES OF A SUBSTANCE AND PUT ME IN JAIL FOR POSSESSION.. HE HAS NO INSURANCE AND I DO.... A POLICE REPORT WAS MADE WITH ALL THESE DETAILS.... I HAVE FULL COVERAGE... SHOULD MY INSURANCE COMPANY COVER MY VEHICLE EVEN THOUGH I WENT TO JAIL??

Answer
What you may or may not have been carrying in the vehicle has nothing to do with the coverage.  The only exception is if the vehicle was being used in the commission of a felony, but even then, the wreck would have to be directly related to such a felony.  An example would be someone running from the police after robbing a bank.  There has to be a causation between the crime and the accident and that doesn't seem to be the case here.

If you have uninsured motorist coverage, that would normally be the best way to claim the accident.  However, you may want to keep in mind that they will need to see a copy of the accident report.  If the details are not in your favor as far as a liability dispute, UM may not be worth dealing with all of those issues.

You may also claim it on your collision coverage and they cannot likely force you to provide any kind of report.

Being that the other guy is also accusing you of hitting him, you will need to report this anyway as he may be pursuing you as well.  If he sues you months down the road and you failed to report the accident to your insurance company, they may have the right to deny the claim.

Good luck and I hope your situation improves.

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webfoot

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Auto damage, liability, insurance fraud. I am a full time auto insurance adjuster with experience in collision, theft, liability and fraud investigation. I am also an ASE Master Auto Tech and I-Car Collision Platinum certified. My experience includes 15 years in the auto repair industry, a B.S. in Criminal Justice, Law enforcement and auto insurance. ****** NO "PRIVATE" QUESTIONS WILL BE ANSWERED. I HAVE FOUND THAT NEARLY ALL PRIVATE QUESTIONS COME FROM PEOPLE WHO ARE CONSIDERING OR ATTEMPTING TO COMMIT FELONY INSURANCE FRAUD AND I'M NOT HERE TO HELP YOU! ****** I AM HERE TO ANSWER AUTOMOTIVE REPAIR, CLAIMS PROCESS AND SOME SIMPLE LIABILITY QUESTIONS. I CANNOT ADDRESS COMPLEX LIABILITY SCENARIOS WITHOUT HAVING ALL OF THE INFO FROM BOTH SIDES IN FRONT OF ME. QUESTIONS ABOUT PREMIUMS OR HOW INSURANCE IS RATED SHOULD BE ADDRESSED TO YOUR PERSONAL INSURANCE AGENT WHO KNOWS A WHOLE LOT MORE ABOUT YOUR HISTORY THAN I DO. I'VE NEVER SOLD INSURANCE AND DO NOT KNOW IF YOUR INDIVIDUAL INSURANCE RATES WILL GO UP IF YOU MAKE A CLAIM. THOUGH I'VE HANDLED SOME VERY MINOR SOFT TISSUE INJURY SETTLEMENTS, I PREFER NOT TO ANSWER INJURY RELATED QUESTIONS. I'M NO INJURY EXPERT AND I'LL LIKELY SAY SOMETHING TO HURT SOMEONE'S FEELINGS AS I BELIEVE THAT MANY SOFT TISSUE PAIN AND SUFFERING CLAIMS ARE OVER DRAMATIZED. UNLIKE MANY OTHERS, I AM ON THIS FORUM AS A VOLUNTEER WITH NO PRODUCTS OR SERVICES TO SELL AND PROMISE AN UPFRONT ANSWER BASED ON MY EXPERIENCE IN BOTH SIDES OF THE INDUSTRY. IF YOU PROVIDE ME WITH A HONEST VERSION OF EVENTS, I PROMISE A CANDID AND HONEST ANSWER IN RETURN. I CANNOT ADDRESS ALL CLAIM SCENERIOS DUE TO DIFFERING STATE LAWS AND REGULATIONS, BUT WILL DO MY BEST. PLEASE REMEMBER THAT AN HONEST ANSWER MAY BE ONE THAT YOU DON'T LIKE SO IF THAT IS GOING TO BE A PROBLEM, PLEASE DON'T ASK THE QUESTION. LASTLY, I DO NOT ACCEPT RATINGS AS I DON'T DO THIS FOR RATINGS AND WISH TO SPEAK FREELY.

Experience

20 years in automotive industry, Currently in insurance claims, worked actively as technician and shop owner until about 10 years ago. Current ASE Master Auto Tech and I-Car Platinum Collision Certifications, B.S. Criminal Justice and 10 year auto insurance/extended warranty background

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