Car Accident - Liable insurance refuses coverage

[juansolis1]

My car was hit by drunk driver driving parents' parent's car, her insurance claims she is on 'excluded list' of drivers and won't cover damages from the accident. The police report lists her as fully responsible but it doesn't seem to help me. What can I do?

 

[txls]

Turn in over to your insurance company. They will take care of you and your car and go after whoever should be liable to recoup their money.

 

[juansolis1]

Thank you so much for your prompt answer! I do have uninsured motorist coverage, however, it will mean paying a deductible ($1,000) before it covers damages. This seems completely unfair and does not sit well with me on principle. I was working while this happened and it has left a very difficult situation on my hands. I am afraid of Small Claims Court and the entire process and rather not sue. However, my insurance company has communicated to me they expect me to pay the deductible $.

 

[txls]

It is completely unfair and it might be a complete waste of time and money to sue or take them to small claims court, so I understand your reluctance. And this is why you have uninsured motorist coverage. You can of course write the parents and the girl and nicely but firmly demand they reimburse you for the $1000.00(at least). It won't cost you much to at least try that. In your letter you can use phrases such as "possibly pursuing the matter in small claims courts" and "hoping to avoid legal action". Good luck.

 

[ElleMD]

Yes, you are responsible for the deductible. Some policies waive it or reduce it if the accident is fo7und to not be your fault. You have to read your policy to see if this is the case. Your other option is to sue this driver civilly for damages to include your deductible and other expenses.

 

[adjusterjack]

Thank you so much for your prompt answer! I do have uninsured motorist coverage,

Uninsured motorists coverage is for injury to people. Collision coverage is for damage to your car.

it will mean paying a deductible ($1,000) before it covers damages. This seems completely unfair

Unfair? You're the one who bought coverage with a $1000 deductible. You could have bought a $250 or $500 deductible when you took out your policy. You would have paid more for the coverage but your loss would be a lot less painful.

does not sit well with me on principle. I was working while this happened and it has left a very difficult situation on my hands. I am afraid of Small Claims Court and the entire process and rather not sue. However, my insurance company has communicated to me they expect me to pay the deductible $.

That's how it works.

It's perfectly legal for an insurance company to write a named driver exclusion and deny a claim if that driver drives the insured vehicle.

I don't know why you are afraid of small claims court. It's cheap and informal and CA courts have a great self help website:

http://www.courts.ca.gov/selfhelp-smallclaims.htm

When you file suit against the driver you also file suit against the parents for negligently entrusting the vehicle to an unqualified driver. There had to be some reason the driver was excluded from the policy.

Or, you can have your own company pay for its share of the repairs and you kick in the $1000. If and when your insurance company gets reimbursed you'll get your deductible refunded.

Meantime I suggest you look into lowering your deductible to something you can more easily handle if the situation happens again.

 

[trit0n]

As long you have proof that it is the other driver's fault then there should be no problem suing them for the damages in small claims. Once this happens, you usually get sent to mediation first with the other party if they appear, and come up on an agreement on how to may if there is any, before seeing the judge for whatsoever reason.

Meanwhile, it is better if you seek a lower deductible coverage. It is perfectly fair because you chose to pay for this kind of coverage.

 

[Betty3]

If you have your ins. co. pay for the repairs & you pay deductible, they can "sometimes" get reimbursed including your deductible. You will then get your money back.

Otherwise, as noted previously, you will have to sue in small claims court.

Good luck.