QUESTION
What possible clause would get her out of this accident she is at fault for?
Asked on Sep 19th, 2013 on Personal Injury - Oklahoma
More details to this question:
Our SUV was rear ended Saturday afternoon and the driver was cited. Driver’s own insurance agent called to inform us of a clause in the driver’s policy which allows her not to pay for damages. It makes no sense. We need a lawyer, I think.
13 ANSWERS
Edwin K. Niles
Yes, you certainly do. Insurance companies will do whatever they can to defeat your claim. Perhaps the driver is an excluded driver.
Answered on Sep 24th, 2013 at 5:44 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Sounds like bull. Never heard of such a policy. Get you a good PI lawyer.
Answered on Sep 23rd, 2013 at 3:50 PM
The driver's insurance company has to legal ability to limit the amount that you seek for damages which were actually suffered. You are not a party to the contract between the driver and her insurance. Your own insurance may be able to use such a clause, because you would have agreed to it when accepting the insurance, but this appears to not be the case. Contact an attorney as soon as possible, as many offer free consultations.
Answered on Sep 23rd, 2013 at 1:55 PM
James Eugene Hasser
Insurance follows the car. Your insurance will cover it. Good luck.
Answered on Sep 23rd, 2013 at 1:33 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is clear that you do not understand what precisely is going on. Therefore an attorney would be extremely wise.
Answered on Sep 23rd, 2013 at 12:52 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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I would need clarification as to whether the driver of your SUV was cited, or whether it was the driver of another vehicle. I assume it was the driver of another vehicle. If the driver of the other vehicle was not authorized by the owner to drive the vehicle, most policies have a clause that makes this an exception to coverage. Also, some policies will not pay if the driver is not listed on the policy. I would ask for a copy of the specific language that they are relying on. Even if there is a clause that prevents coverage, I would consult a lawyer, because some coverage exceptions are not allowed .
Answered on Sep 23rd, 2013 at 12:51 PM
Thomas Edward Gates
You can have your insurance company retain an attorney or you can retain one for yourself. I have never heard of such a clause. If her insurance company will not cover her, then you can sue her for damages. Also, it might be a scam on her part, having someone call representing themselves as the agent. It is unusual to have an agent call on the weekend and so quickly.
Answered on Sep 23rd, 2013 at 12:51 PM
Car Accidents Attorney serving Newport Beach, CA
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Russell & Lazarus
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You are correct. You are not being given complete information. Contacting a lawyer would be the prudent thing to do.
Answered on Sep 23rd, 2013 at 12:50 PM
Plaintiffs Personal Injury Attorney serving New Orleans, LA
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David A. Easson
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agent is lying or driver was excluded on insurance policy. get a lawyer.
Answered on Sep 23rd, 2013 at 12:49 PM
1 Award
I agree with your assessment. The driver who hit you is clearly at fault and her liability and property damage insurance will be responsible for paying your claims.
Answered on Sep 23rd, 2013 at 12:49 PM
4 Awards
The problem with these Q/a sites is that sometimes the questions are unclear to the reader. I cannot tell if you are referring to the dirver of the SUV or the driver that struck the SUV.
Answered on Sep 23rd, 2013 at 12:41 PM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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It seems as though the insurance company is denying their coverage of the claim. The person who caused the accident should still be personally liable.
Answered on Sep 23rd, 2013 at 12:39 PM
Of course you need counsel. You needed counsel from the moment of the incident, or as close to it as possible. Do not talk to the other driver, his or her insurance agent, nor any adjuster for his or her insurance carrier. None of those people exist to help you, the injured party. They all exist for the purpose of growing that insurance company. Playing claims does not grow their company. It is possible the driver's insurance can exclude the accident. One example could be if the driver had failed to timely pay a premium and the coverage was not in force at the time of the accident. At that point, your counsel can look to your own coverages and your carrier can seek reimbursement from the driver. Hopefully you have more than simple liability coverage on your own vehicle. Hire counsel. Heed the advice of counsel.
Answered on Sep 23rd, 2013 at 12:39 PM