my wife was t boned by a lady that ran a stop sign. they had insurance on the vehichle but she had been dropped from the policy. my question is their insurance still liable.
Total Comments: 5
Posted: Sat Mar 03, 2007 03:09 pm Post Subject:
The person driving was "dropped"? I'm guessing they were excluded from the policy?
Difficult to answer w/o seeing the other person's policy (exclusion) and knowing the state but here is something to understand...
The driver and owner of the other vehicle are liable for the accident... not the insurance company. As such, it never matters if the person has insurance to address the accident... they (driver and owner) still are responsible for the use of the vehicle.
This is important to know as it means the owner is still responsible for this accident. Even if the driver is excluded from the policy, the owner still has insurance (and is covered). So usually an exclusion will only mean the carrier will not provide the driver protection (liability insurance). Again, this only means they won't defend the driver (they leave this person blowing in the wind) but they still offer the owner protection... which means they would need to address your loss just the same.
When I worked for a non-standard carrier (high risk insurance), I use to call this "free" insurance. The carrier did not collect a premium on the excluded driver but they still needed to provide liability protection to the owner. So the insured did not pay a premium for the excluded driver but they get the same coverage more or less.
I'm assuming that the owner is not the driver of the vehicle in tour post. It seems to really suggest this.
On a side note and as my suggestion... if the other person's carrier requires that you sign a release of some type (they don't usually require one for property damage (your car), only for bodily injury), make sure only the people listed on the policy have their names on the release. If the driver is not listed on policy, make sure her name is not on the release. This probably won't make a difference but on the wost of the worst situations, you could later still have an action against the driver. Like I said, this will probably never be needed but I'm of the opinion that a person should never give up a right they don't have to.[/b]
Posted: Sat Mar 03, 2007 08:42 pm Post Subject: tcope
thanks for your help. that tells us more then our own insurance agent told us.
thanks again
Posted: Sun Mar 04, 2007 05:05 am Post Subject:
Hi Darrell,
Welcome to the forums. Good to see you gaining something out of the community. Please sign up and be a part of the community and help it grow. Look forward to your active participation in the days to come.
Thanks,
Evan
Posted: Mon Mar 05, 2007 06:05 am Post Subject:
welcome to the forum darrell. you can have additional information that you need to know in this community. i good think here is that, there are professional agents here that are willing to share there opinion in some of your concerns. there are also people who have experience on insurance that we can get knowledge with. just follow what evan said. sign up and join the community. share your concerns and ideas on the insurance topics and enjoy your stay here.
Joven
Posted: Thu Mar 08, 2007 04:38 am Post Subject:
If the vehicle was insured you should be ok. The insurance "usually" follows the vehicle not the person unless there was some special exclusion on the policy. You should contact your agent and the other company and find out what the story is on that. But if the vehicle had insurance usually you are ok.
Posted: Sat Mar 03, 2007 03:09 pm Post Subject:
The person driving was "dropped"? I'm guessing they were excluded from the policy?
Difficult to answer w/o seeing the other person's policy (exclusion) and knowing the state but here is something to understand...
The driver and owner of the other vehicle are liable for the accident... not the insurance company. As such, it never matters if the person has insurance to address the accident... they (driver and owner) still are responsible for the use of the vehicle.
This is important to know as it means the owner is still responsible for this accident. Even if the driver is excluded from the policy, the owner still has insurance (and is covered). So usually an exclusion will only mean the carrier will not provide the driver protection (liability insurance). Again, this only means they won't defend the driver (they leave this person blowing in the wind) but they still offer the owner protection... which means they would need to address your loss just the same.
When I worked for a non-standard carrier (high risk insurance), I use to call this "free" insurance. The carrier did not collect a premium on the excluded driver but they still needed to provide liability protection to the owner. So the insured did not pay a premium for the excluded driver but they get the same coverage more or less.
I'm assuming that the owner is not the driver of the vehicle in tour post. It seems to really suggest this.
On a side note and as my suggestion... if the other person's carrier requires that you sign a release of some type (they don't usually require one for property damage (your car), only for bodily injury), make sure only the people listed on the policy have their names on the release. If the driver is not listed on policy, make sure her name is not on the release. This probably won't make a difference but on the wost of the worst situations, you could later still have an action against the driver. Like I said, this will probably never be needed but I'm of the opinion that a person should never give up a right they don't have to.[/b]
Posted: Sat Mar 03, 2007 08:42 pm Post Subject: tcope
thanks for your help. that tells us more then our own insurance agent told us.
thanks again
Posted: Sun Mar 04, 2007 05:05 am Post Subject:
Hi Darrell,
Welcome to the forums. Good to see you gaining something out of the community. Please sign up and be a part of the community and help it grow. Look forward to your active participation in the days to come.
Thanks,
Evan
Posted: Mon Mar 05, 2007 06:05 am Post Subject:
welcome to the forum darrell. you can have additional information that you need to know in this community. i good think here is that, there are professional agents here that are willing to share there opinion in some of your concerns. there are also people who have experience on insurance that we can get knowledge with. just follow what evan said. sign up and join the community. share your concerns and ideas on the insurance topics and enjoy your stay here.
Joven
Posted: Thu Mar 08, 2007 04:38 am Post Subject:
If the vehicle was insured you should be ok. The insurance "usually" follows the vehicle not the person unless there was some special exclusion on the policy. You should contact your agent and the other company and find out what the story is on that. But if the vehicle had insurance usually you are ok.
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