Non-Permissive Use Car insurance - will it cover my accident?
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Non-Permissive Use Car insurance - will it cover my accident?
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My boyfriend was driving my car to my apartment from the video store and I was in the passenger side. On a two lane street he was making a left into my aparment complex and started to turn but kids were in his way so he stopped. Meanwhile a car speeding from the other direction hit my car on the right front side. My airbags deployed and later I found out that it needs a new radiator, A/C, and a repaired frame. It's a 2005 Toyota Corolla that I owe $6900 on.
My insurance company is Anchor General and they told me that it will probably not be covered because I didn't have "Permissive-Use" on my vehicle. My boyfriend doesn't live with me and he is not an excluded driver on my policy, I thought they were the only ones not covered. I am afraid because I had a bad driving record so I bought cheap insurance and now I'm afraid they won't cover it because he was driving. The other car was a 1985 Chevy Caprice and only had a head light out and a bent hood in the middle - minimal damage. My car won't even drive anymore. Most people think it's my boyfriends fault because he should've backed up when he saw those kids and he was blocking the road. But the other guy was speeding down the street (25 mph) he had skid marks at least 12 feet long and by the time we heard him trying to stop my boyfriend didn't have enough time to react. My boyfriend also has insurance for his truck and he called his insurance to see if they would cover it and they said no because it wasn't his car. And if it gets name his fault then the other drivers policy won't have to cover it. So I was just wondering if anyone had been in this situation and if there is any ideas of how I can be covered or any courses of action I should take if it turns out I'm not covered. I'm pretty sure my car is totaled and I don't want to be out of a car and 6900 dollars...I don't have gap but I am going to call my dealership just to make sure.
If you are an Insurance Adjuster or have faced this situation before I would be really glad to hear from you.
Thanks for all of your help.
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entidtil
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What state are you in ? I've never heard of "non permissive use". Normally, someone with a valid license and permission to drive an insured car is covered under that cars policy. I guess you will have to read the policy. If you can't see where it says "non permissive use" then I would ask the insurance company to point it out to you,. If they won't or can't and still will not pay, and contact your insurance commissioner/and or get a lawyer |
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lucy
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like the others said, non-permissive use exclusion on your policy?
i have worked in several "high risk" auto companies that have some funky exclusions that they can deny a claim.
if you were a passenger in the vehicle while your boyfriend was driving, then he has permissive use. would be different if you were not in the car.
has your company or the other sent you a letter of denial for liability?
if the other company thinks your boyfriend is at fault they wont pay.
if on the other hand, your company is denying coverage, they wont pay regardless if he is at fault or not. if they are denying coverage, you should get a letter stating specifically what they are denying;
ie; coverage for non permissive use;
no collision coverage;
driver not on policy as examples.
since your boyfriend does not live with you, it could be verified he has a seperate residence. they might suspect he lives with you and you did not add to your policy;
also if your company denys for coverage, there maybe a recourse that his car insurance would have to take over as secondary;
also; since you have a lien on your car, you should have collision coverage on your car. if so, even if they deny, they usually will settle with your lien minus your deductible since your lien has to be protected.
1st; get copy of your policy and application you filled out. they may state you "misrepresented certain facts" and deny coverage which means your policy was void from the date you took it out.
then; call a lawyer; many will do a free consult to explain your rights. you may need to hire and pay to protect yourself. if you get denied for liability and coverage, they will come after you personally;
do this asap
good luck |
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?
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there is not much you can do. they are correct and they dont have to cover you. BUT, you can file a lawsuit agenst the agent that signed you up b/c he did not proprerly explain this to you. they all have an errors and ommisions covervage which means that if you sue him b/c he forgot to clairify something with you his E and O insurance will cover him and you will get your car fixed. but does your boyfriend have liability ins on his car. his ins will follow him around no mater what car he is in but the liability would only cover the other guys car. if he has collision than both the other guys and yours would be covered by your boyfriends ins company. |
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sydkan
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This is a little strange. I've never heard of a policy that doesnt' allow for permissive use. You gave your boyfriend permission and that should be the end of it. However if your insurance company denies it they have to send it to you in writing referenceing the area in your policy that states it is not covered. Once you have the denial letter then your boyfriend needs to contact his insurance company as he is still liable as he caused the accident. His policy is considered excess and would cover the loss on liability. if he carries collision then there would be coverage for your vehicle as well. If they deny it too i would consult an attorney as there is something not quite right with that. I |
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