by Guest » Thu Apr 08, 2010 01:43 pm
My father has a auto-policy on his car and has me listed as a driver on the policy. I moved into my new place last September 2009 and borrowed the car for a few months. One night, I drove it into Boston and the car was stolen. I followed procedure and filed a police report and called the insurance company immediately to file a claim. A little more than a month later, they send us a letter denying our claim completely, saying that the garaging location was set to be at my father's house but the car has been kept at my house. The car wasn't stolen from my driveway, it was stolen off the street in Boston!! I just want to know if this is grounds to sue my insurance company. I appreciate any advice people can offer. Thanks.
Posted: Thu Apr 08, 2010 01:46 pm Post Subject:
saying that the garaging location was set to be at my father's house but the car has been kept at my house.
Go on. What else does the policy state about the policy holders responsibilties?
Posted: Fri Apr 09, 2010 12:35 am Post Subject:
David,
If you wouldn't mind, answering a couple of questions, so maybe we can be of more assistance....First of all, can you tell us EXACTLY what the denial says?
Your dad's house...how far is this from your house? Are we talking the same state? How long had you had the vehicle in your possession? Since Sept? Do you have another vehicle of your own? Or was this really your vehicle under dad's name?
Posted: Fri Apr 09, 2010 02:46 am Post Subject:
I'll give you the simple answer.... yes... as living is grounds to sue someone. Do you want to know if you will _win_? Possible. That is really a legal question and depends on the state statutes and case law.
Posted: Fri Apr 09, 2010 02:45 pm Post Subject:
Generally speaking, if on an application you state and attest to garaging the insured vehicle in a specific location and move that G.L. to an area of higher risk wothout telling the Insurance company you are getting more coverage than you are paying for. Grounds for Denial? This is questionable. Material Mis Representation? Not really if the car was garaged at the insured address at the time of policy inception. They may contest that the car was never garaged at your dads house and you all used that address to get a lower rate.
Complacency on your part for not telling the Insurance Company? Sure.
Suing your Insurance Company? Expensive and painful, they probably have a law firm on retainer to try and make you go away. I would say go higher up in the company and see if you can get it paid. They may charge you the correct rate back to the inception of the policy and deduct that amount from your loss settlement but its better than a denial.
Posted: Fri Apr 09, 2010 03:01 pm Post Subject:
I'd say a denial was probably not the best action. Rescinding the policy might have been a better way for the carrier to go. But that also has it's issues.
I'd agree, I'd send a letter to the President of the company requesting that they reconsider and pay the claim w/in 30 days. You may even want to send them completed small claims court paperwork and let them know you intend to file suit of they don't pay the claim. You don't need to file the paperwork with the court system yet, just fill out the application/complaint.
Oh, you certainly need to file a complaint with your states Dept of Ins. Do this _1st thing_. Management almost always are the people who review those complaints so this is a pretty good way to get it kicked up higher in the company.
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