Being Sued for Car Accident non injury

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Latest post Fri, May 27 2011 11:50 PM by adjuster jack. 17 replies.
  • Mon, May 23 2011 8:48 PM

    • JuanDD
      Consumer
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    • Joined on Mon, May 23 2011
    • TX
    • Posts 8

    Being Sued for Car Accident non injury

    Hi,

    Couple of months back my wife was in a car accident, a lady hit her on the driver rear door the lady was making a left turn running a red light. When we file a claim to her insurance company they told us that this lady had said it was my wife's fault and deny the claim for conflicting versions of the incident. She tried to file a claim with our insurance company but since my wife is an excluded driver, the company deny her claim. This was back in November 2010. Almost 2 weeks ago i receive a lawsuit from an insurance company which is not the insurance company that she had at the time of the accident for the damage of her car stating that my wife ran the red light and therefore caused damage to the ladies vehicle. Im being included on the lawsuit for negligence of letting a person without a driver license drive my vehicle. At the time of accident we both had liability insurance. Seeking legal help a lawyer told me that i could ask my insurance company to step in and handle the matter. Today my insurance company said that since my wife is an excluded driver they will not get involve in the lawsuit. We filed a police report couple of days later after the accident stating that it was the ladies fault I dont know if this can help us out. Im not very good financialy right now and don't have money for lawyers. Im in desperate need of help as im running out of time to respond to this lawsuit. Thank you for reading, any help given will be much appreciated

  • Mon, May 23 2011 8:55 PM In reply to

    Re: Being Sued for Car Accident non injury

    Why and how was your wife excluded from your liability policy?

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Mon, May 23 2011 9:56 PM In reply to

    • JuanDD
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    • TX
    • Posts 8

    Re: Being Sued for Car Accident non injury

    My Father's name is the main policy holder he added my car to his insurance due to the fact that I was under 25 at the moment and had acouple of speeding tickets. I'm listed as a driver and I really can't answer that question because I never tried to put her as a driver but I'm going to the insurace tomorrow and find that out. I myself was asking me the same question. My guess is because she does not have a driver license? But will answer you tomorrow as soon as I find out. I was searching what an excluded driver means and she does not have a bad record nor any tickets at all until the day of the accident, she got one for no driver license, never been in any accident. After all this Im thinking of getting a different insurance I have read theres insurance companies here in texas that will cover a person without driver license.

  • Mon, May 23 2011 11:50 PM In reply to

    Re: Being Sued for Car Accident non injury

    OK.

    Report back to this thread.

    I'm sure I'll have more questions.

    Especially this one: Did the insurance company deny coverage IN WRITING?

    If yes, what exactly did the letter say?

     

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Tue, May 24 2011 12:13 AM In reply to

    • JuanDD
      Consumer
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    • Joined on Mon, May 23 2011
    • TX
    • Posts 8

    Re: Being Sued for Car Accident non injury

    This is what her insurance said.

    Our investigation has revealed conflicting versions of how this inciden occurred. Based on our investigation, our insured was not the proximate cause of this accident. Therefore, we must respectfully deny liability on behalf of our insured and will be unable to make any payments for this loss. If you have any evidence or information that you think would alter our decision, please forward this information to out review and consideration.

    What I don't understand is that if her insurance at the moment was Nationwide Mutual Insurance why is AMCO Insurance Company sueing us? After our insurance deny the claim too we never heard from this other insurance company until now.

    I called her insurance and they told me the claim was denied and I had to file another claim I know since it wasn't my wifes fault I should of insisted on fighting the claim but dealing with insurance companies is a pain.

  • Tue, May 24 2011 1:09 AM In reply to

    • ashkicker
      Consumer
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    • Joined on Mon, Sep 17 2001
    • MO
    • Posts 794

    Re: Being Sued for Car Accident non injury

    AMCO is part of the Nationwide Insurance Co. fleet of companies.  The subrogation lawsuit needs to be styled in the exact name of the insurance company, but the earlier letters should have also specifically referenced their correct name.

    Most car insurance policies cover the named insured, relatives AND ANYONE ELSE DRIVING WITH PERMISSION of the named insured, either expressed or implied.  Now when you get into issues of secondary permitees, the matter goes far above my layman's pay grade.  Typically, excluded drivers must be specifically excluded on the policy. 

    Sounds like Adjuster Jack is ready to opine more on coverage after youprovide him more facts.  Betcha he will need to see the policy wording describing the definition of the term "insured", and copies of any exclusions or endorsements that limit the scope of who is covered.

    If you can't find liability coverage, you are going to have to answer the lawsuit in timely manner or you will lose by default.  I dont know if it would be admissible, but since the suit is styled in the name of the insurance company as plaintiff, you might be able to get the insurance company's demand letter entered into evidence.  Their admission that there is conflicting versions might dilute the persuasiveness of their argument

  • Tue, May 24 2011 2:10 AM In reply to

    Re: Being Sued for Car Accident non injury

    JuanDD:

    This is what her insurance said.

    I was referring to your insurance (your father's policy) when I asked for more information.

    ashkicker:

    Sounds like Adjuster Jack is ready to opine more on coverage after youprovide him more facts.  Betcha he will need to see the policy wording describing the definition of the term "insured", and copies of any exclusions or endorsements that limit the scope of who is covered.

    Right.

    I'll need to know all I can about your insurance situation with you, your wife and your father's policy, rather than spend a half hour speculating only to find something different going on.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Tue, May 24 2011 10:39 PM In reply to

    • JuanDD
      Consumer
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    • TX
    • Posts 8

    Re: Being Sued for Car Accident non injury

    Ok here is what I found out about the exclusion. It stated that when a driver is added to the policy and that person is married either they add both persons to the policy or automatically the other person gets excluded from the policy, thats why my wife was excluded.

    The lialibity coverage says that everyone added as drivers and every vehicle listed in the policy is covered. Every person that lives in the household of the policy holder and everybody that drives the car with consent of the policy holder is covered by liability, they call this persons residents..

    and they will not cover anybody that does not fit the criteria as resident or any excluded persons in the policy.

    I contacted the insurance company again and they told me they denied the claim and any coverage because an excluded driver was driving at the moment of the accident. But what I dont understand is that if we told them it wasnt our fault why they even deny their help because of the excluded driver. I really don't think they want any to do with this situation. I only have 2 weeks to reply to the lawsuit what is the best thing to do now?

    I hope that answers your questions. Thank you.

  • Wed, May 25 2011 7:00 PM In reply to

    • LynnM
      Lawyer
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    • Joined on Mon, Apr 3 2000
    • CA
    • Posts 28,248

    Re: Being Sued for Car Accident non injury

    "My guess is because she does not have a driver license?" Your wife was driving without a license and had an accident??? THAT is why she is not covered. She was engaged in a illegal activity. Insurance companies do not cover such behavior.

  • Wed, May 25 2011 7:24 PM In reply to

    Re: Being Sued for Car Accident non injury

    JuanDD:

    Ok here is what I found out about the exclusion. It stated that when a driver is added to the policy and that person is married either they add both persons to the policy or automatically the other person gets excluded from the policy, thats why my wife was excluded.

    "It stated"?

    What's "It"?

    The policy? Or somebody you talked to on the phone?

    Cause I don't find that exclusion in my sample of a Texas Auto Liability policy:

    http://www.taipa.org/docs/bull/bull141_package.pdf

    And I'd certainly want to read it before accepting the denial.

    There may be valid reasons for denying coverage to your wife, but you wrote that you were named in the lawsuit for negligent entrustment.

    My opinion: The insurance company at least owes you a defense under the terms of the policy, even if it might not owe your wife a defense.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Wed, May 25 2011 10:30 PM In reply to

    • JuanDD
      Consumer
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    • TX
    • Posts 8

    Re: Being Sued for Car Accident non injury

    Sorry I didnt read that in the policy thats what the person told me over the phone. Ive been looking like crazy for the policy so I can find that in writing. Tomorrow we going to the Company and get a copy of the policy.

    About the Insurance defending me, a lawyer told me the same thing, but I cant get the insurance company to accept it, they keep telling me the same thing over and over again that they will not help  us or defend us because my wife is an excluded driver. I told them they had to defend me because Im in the policy, my vehicle is in the policy, but they keep denying. Today I received a letter from our company my scanner is not working so I will write what it says.

    Dear Mr. Delgado

    This letter is to advise you that we are unable to find coverage for this loss under your policy due to the fact that the driver of your vehicle at the time of this loss, (my wifes name), is excluded from the coverage on your policy. Further we will not defend or indemnify (my wifes name)

    If you have any additional information which might change our findings, please forward it to the undersigned immediately.

    This letter is to my dad. Tomorrow me and my dad are going to get a copy of the policy since yesterday they denied to me because Im not the policy holder

    Our insurance company is United automotive Insurance Company if that helps in any way.I forgot to mention it on earlier posts.

    I think I also forgot to mention that the lady also had liability insurance the day of the accident.

  • Thu, May 26 2011 12:21 AM In reply to

    Re: Being Sued for Car Accident non injury

    Have you forwarded a copy of the lawsuit to your insurance company claim rep?

    Two things:

    1 - You and your wife will have to respond to the lawsuit properly, regardless of whether or not your insurance company does anything. Possibly with a countersuit for the damage to your car since there appears to be a difference of opinion regarding fault.

    2 - With regard to the denial, I suggest you consult an attorney who specializes in suing insurance companies for breach of contract and bad faith. Getting that kind of attorney involved right now could very well convince your own insurance company to provide a defense.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Thu, May 26 2011 10:53 AM In reply to

    • JuanDD
      Consumer
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    • Joined on Mon, May 23 2011
    • TX
    • Posts 8

    Re: Being Sued for Car Accident non injury

    Yes I did fax a copy of the lawsuit to the insurance company at first they seem to want to help me until yesterday they told me they will not get involved.

    A lawyer told me yesterday if was it really worth fighting for the case because I was looking at spending alot of money on a lawyer. They only asking for $2,800, he said to call their lawyer and try to get a settlement (less money) and since were facing a hard time now if they didnt take the settlement to file bankrupcy.

  • Thu, May 26 2011 11:23 AM In reply to

    Re: Being Sued for Car Accident non injury

    JuanDD:
    A lawyer told me yesterday if was it really worth fighting for the case because I was looking at spending alot of money on a lawyer

    Then you'll want to talk to a different lawyer, one who specializes in suing insurance companies for bad faith. Bad faith lawsuits generally involve punitive damages and lawyers sometimes take those on a contingency.

    You'd probably have to lose your case and suffer all the financial consequences before you have a case for bad faith but having a bad faith lawyer communicate those issues to executives that are higher in the food chain could make a difference now. No guarantees, of course. 

    JuanDD:
    They only asking for $2,800

    Small claims court or regular civil court?

    And what's your deadline date for responding to the lawsuit?

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Thu, May 26 2011 2:45 PM In reply to

    • JuanDD
      Consumer
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    • Joined on Mon, May 23 2011
    • TX
    • Posts 8

    Re: Being Sued for Car Accident non injury

    Its a small claim court and the deadline is June 6, 2011. Also they said I have to respond in writing before this date. How do I do that? I think my best option now is to try to fight myself and if I lose go after my insurance company for a case of bad faith.

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