I was hit by someone who was not on an insurance policy, eventhough the car is insured.?
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I was hit by someone who was not on an insurance policy, eventhough the car is insured.?
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My attorney says their insurance Nationwide denied my claim cos the person who caused the accident was not on the policy, even if they live in the same household as the policy holder. Is this legal? What are the rules around this?
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brandiwine72
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You can let people borrow your car and most companies will cover it as long as their driving records not crazy (DUI, suspensions, etc). Now if someone lives at the same address as the vehicle owner they must be included on the policy or else they're not covered.
Note if you borrow a car of someone in your house and your not on their policy and your in an accident, give then a different address (ie: Mom's or Friend's address).
As a car owner the law in most states requires insurance. If they let someone borrow their car who was not covered, they are also liable as a vehicle owner. It would be the same as an uninsured motorist. complete an accident report with the DMV (not just a police report), they should be tagged with an uninsured motorist on their license. if you only had liability and your screwed it'll make you feel better to know that both the owner and the driver can be suspended (punishments vary by state). Good Luck!!! |
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Michael_Pro
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The insurance is on the vehicle. If the owner allowed someone to drive the vehicle the owner is responsible. Bring suit against the owner and Nationwide will have to defend the owner up to the limits of the policy. Insurance law varies from state to state but the constant is that insurance companies will find any reason not to pay. Contact your state insurance commission and get a ruling. |
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Larry T
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Get an attorney who actually passed the bar.
The owner of the car is liable for the damage unless the car was stolen and driven by the thief. Insurance companies hate to reach into the pockets they lined with your premium payments and make any payouts.
Tell your attorney to sue for damages plus pain and suffering. That will usually cause them to settle for the actual damages. |
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dragonfire
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what is relation of the person to the household.. son? roomate? did they have implied permisson to use the car? Nationwide was correct in denying the claim if the person driving was not an authorized user for the insurance policy, but it does not mean you can't go after the registered owner of the vehicle |
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Wondering
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That is why you should get uninsured/under insured coverage. But the insurance follows the car it shouldn't matter who was driving the vehicle. |
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Ben Dover
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The owner of the vehicle is responsible for your claims. They in turn have to recoup from the offender. |
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bostonianinmo
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Yep, that's quite legal. All householders must be listed on the policy.
You need to file the claim with your insurance company and let them fight it out with the other driver or their insurance company. If you didn't have collision coverage or uninsured motorist coverage you'll have to sue. |
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