by na77nu » Wed Aug 10, 2011 07:48 pm
i purchased a vehicle and four days later i was rear ended. the person who hit me insurance company refused to pay because they said they did not pay their premium five days ago. My husband and I purchased the car together. My name is on all the paperwork. Our insurance company is not willing to cover the damages because they said i was not a driver on the insurance. We also purchased GAP insurance during the purchase.
Posted: Wed Aug 10, 2011 09:30 pm Post Subject:
If the other person's policy had lapsed then their insurance company is not going to provide their insured coverage (not pay your claim). If you filed a police report you should make sure the officer amends the report to reflect this. You need to find out of the police report this info to the state. If not, you need to find out how to do this. I know of several states that will suspend the person's drivers lic until they can show that they settled with you.
I'm assuming you and your husband live together. If so, I have no idea why you'd think you don't need to be listed on the policy as a driver. I suspect that your husband also committed material misrepresentation on the insurance application. I won't get into rather or not there is legal merit to this, it depends on the state and how your policy/application reads. If nothing else I could see the insurance company rescinding the policy and not providing coverage.
I've heard GAP policies may not address a loss if there is no primary insurance on the vehicle. You can always file a claim with them and see.
If nothing else the other person is still responsible for your loss even if they don't have insurance. You can ask the other person to pay for your loss but if they did not think enough to pay their insurance bill than I doubt they will pay for your loss. You can always file suit against this person and obtain a judgement. This does not guarantee that you will be paid.
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