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How could I know for certain that at fault driver's insurer has valid reason for denying my claims?

West Orange, NJ |

I was involved in an accident in which the driver of a rental vehicle disobeyed traffic signal, collided into and totalled my car, and fled the scene of the accident. Lessee recanted story to PD about identity of driver and of permissive use. She was found guilty in municipal court for failing to report an accident. Her personal auto insurer refused to pay my claims. They denied coverage for the rental car because they claim that it was a non-owned vehicle and that lessee had to be the driver at the time of the accident. The letter of denial uses language such as "alleged driver, "non-resident relative" and "possible unauthorized driver." Is there a way to obtain lessee's complete declaration page that will entail coverage for rental cars (since denial letter uses wishy-washy language)?

Attorney Answers 4

Posted

The 'wishy washy' language to which you refer is actually textbook insurance industry terminology employed in disclaimer of coverage. I'm not saying it is right - or wrong - but you are flying a rocket shop to Mars to be attempting this on your own. Retain an experienced attorney in NJ to pursue this matrix and to push your claims in every possible direction including a potential uninsured claim.

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

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Posted

Actually, they used phrases like allegedly, possible and supposedly. These are uncertain terminology. No one has ever seen the lessee's dec page. It is possible that insurer's claims are unfounded

Posted

Attorney Myers hit it "head on". If you do not have your own collision coverage, get an attorney if the value of your car (or potential injury claim) exceeds potential legal fees.

http://www.phillyinjurylawyer.com/

Please note that we are not forming an attorney - client relationship and the advice is meant to be general. Law Offices of Joel J. Kofsky 1616 Walnut Street Suite 2110 Philadelphia, PA 19103 http://www.phillyinjurylawyer.com/

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Posted

You don't want to handle this on your own. If you have insurance, report it to them, let them fix your car and let them worry about it. Otherwise, get a local lawyer to handle it.

This response is not intended to act as legal advice. I am not licensed to practice law in any state other than the State of Illinois. No attorney-client relationship is formed until you sign an attorney-client agreement with my office.

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Posted

The others are correct. When dealing with an insurance company, always assume you are being lied to because...you are probably being lied to. Get an attorney, allow him/her to review and investigate the situation, and then you will know for sure

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