Ask an Attorney a Question for FREE!
Rental Car Accident
I had an accident with rental car. I am added to my fiancé auto insurance and he has full coverage. in accident only rental car we damaged so i filed a claim.
but my claim is denied. When we asked about the reason for denial, they said i m not in my fiancé policy at the time of accident. but its not true i m added to his policy more than a year back and I’m still active in his policy.
I am added to his policy as fiancée but when I called the adjuster again to investigate about the denial, she said that i m added as fiancée not wife and said that there are many legal issues.
Is that a viable reason to deny the claim? as long i m active in policy and fully covered, they should cover for a rental damage, isn't it? i went through the policy document and it doesn’t say about anything about the additional driver should be married or something like that. i don' know how to go about with this? can u please suggest me what should i do?
Hum hum… This does not sound right. Most insurance policies cover the policy holders and listed insureds. If you are in the policy, most insurance policies do not exclude you based on your marital status.
In fact, in some states, this type of clause is against public policy.
If you are listed, then you are paying premium for that coverage, therefore you are paying for something.
The insurance company is taking your payment with full knowledge that you are a fiancé and not a wife/husband.
Family status is a valid issue when there is not an actual member listed as driver. For instance, you have a family of 3 drivers and only one is listed (driver A).
Driver B gets in an accident, so the insurance company must determine if Driver B is covered.
Most insurance companies will and do extend coverage to all family members, but you have to check the definition of family members.
This definition usually restricts to members of the household related to you. Therefore, if you live with someone, you are a family member.
Equally, people that are related to you (your parents), but do not live with you would not be covered.
What I am trying to say here is that if you are listed (as you should if you were paying), you should get coverage.
If you are not listed, there is a possibility that you could be covered if you are a family member (you live together, if you do).
In any event, your policy is the only thing that can answer your question.
Make sure you read it carefully. Do not let the insurance company give you the run around. Ask them to give you a copy of your policy, ask them to put on writing why your claim was denied.
Contact the insurance commissioner of your state and file a formal complaint. You are insured, paying insurance, listed, but have denied coverage. Also contact an attorney in your area.
Also read this article.
Click here to post comments
Join in and write your own page! It's easy to do. How? Simply click here to return to Got Questions?.
Please see more answers to recent personal injury and auto accident questions below:
For a Free Review of Your Case