by Guest » Tue Apr 24, 2007 12:27 am
If you initially told your insurance company you were not the driver in a hit and run situation out of fear from getting in trouble but eventually fess up to being the driver, will they in normal circumstances cover the claims that would have been legally owed from the beginning, or have you voided out your claim?
Posted: Tue Apr 24, 2007 01:20 am Post Subject:
The should provide coverage.... just don't plan on renewing your policy with that company.
The only thing done was that you've made the adjusters job just that much more difficult... and this was the person/company trying to protect your butt after the accident.
Adjusters don't really take anything personal in a claim. If their insured did something stupid and caused a loss, then the adjuster just pays the claim and moves on to the next one. But when their owner insured lies to them, they then need to get a ear full from the other party and need to go through a lot more work trying to get at the truth.
Posted: Tue Apr 24, 2007 01:38 am Post Subject:
So they should provide coverage in BOTH vehicles. They would still even honor your own collision claim assuming you make one?
Posted: Tue Apr 24, 2007 02:30 am Post Subject:
Yes, they should honor both liability and a collision claim. There are certain provisions in the policy that require an insured to "cooperate" but not telling the truth, and then telling the truth would not qualify as eventually the insured cooperated... albeit, slowly. About the only way a carrier might be able to deny part of the claim is if they could show that this lack of cooperation some how inflated the claim. But even then, it would be a hard battle and probably not one worth fighting. If they did not provide coverage, the insured would have a good Bad Faith claim against his/her own carrier (unless your in the 1 or 2 states that don't allow 1st party Bad Faith claims).
In all, this type of thing does happen. Insureds make stupid mistakes that just make other peoples lives miserable. The carrier will usually just pay the claim and set the policy up to non-renew so the person then becomes some other insureds problem.
Posted: Tue Apr 24, 2007 02:38 am Post Subject:
I'll second tcope's comments. You will most likely have no problem with getting this claim coverred, but anticipate a non-renewal letter.
The reason you have insurance is to protect you in case of a claim. It sounds corny, but your insurance company is your advocate. Honesty is the best policy.
Posted: Tue Apr 24, 2007 03:22 pm Post Subject:
Would they be required to refer me to the police since this is a hit and run situation??
Posted: Tue Apr 24, 2007 10:42 pm Post Subject:
I'm sure it varies by state. However, I'll play Dr. Phil now. I would assume you wouldn't be asking these questions if you weren't feeling some guilt about the situation. It's never too late to start doing the right thing.
*climbing down off my high horse*
Posted: Mon Apr 30, 2007 12:31 pm Post Subject:
I'm assuming that you are the person who "hit and ran". I see no reason why they would require a police report. A police report would be require for such claims as theft... as this protects the insurance companies right to collect as the thief can then be found. It might also be required in some states if an unknown vehicle causes damage to the insured's vehicle. In this case, all information will be known without a police report.
Though, I'm not sure why the other party would not have filed a hit and run police report.
Posted: Tue Aug 21, 2007 04:31 am Post Subject:
If it was a true hit-and-run situation, your policy more than likely calls for you to report this to the police.
Could you tell us what you did tell the insurance company as to the details of the accident? We appreciate the idea that you're willing to fess up, but based on what you told the insurer, there might be some additional issues.
Don't want to get into any details right now, cuz I have no idea of what happened. But if you let us know, there's a lot of folks here that can provide you with good info.
InsTeacher 8)
Posted: Wed Sep 12, 2007 04:55 pm Post Subject:
In most states they have to pay the property damage claim, that is compulsory insurance and you damaged someone else's property. They have a case for not paying for your damage as that is usually an optional coverage, not mandated by law but taken by you by your choice and most policies will have a clause regarding misrepresentation. You are better off fessing up in any situation and the sooner, the better.
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