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My son was in an accident His car not insured but he was on my insurance and my insurance company is refusing to take the claim

Quincy, FL |

The insurance company has refused to pay any of the claim, stating that it is in the verbage of the policy. They claim I am a "Platinum" customer for being with them for a few years and thank you for my service but no they can not take on the risk. My sons lawyer has advised us to talk to an Insurance lawyer since this is not his area of expertise. I need advice. Thank you

Attorney Answers 8


  1. Are they claiming a material misrepresentation in the application for not listing your son as a driver as a basis for coverage denial? I would need to see the carrier's denial letter.


  2. I'm sorry to hear this. However, you'll need to provide much more information - such as the language in the letters sent to your lawyer. In addition, the lawyer you have should be doing this for you. I suggest you contact your attorney and ask for assistance. If he/she cannot provide any, then you may want to ask your attorney for a referral to one that can.

    Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Shiner is licensed to practice law in the State and Federal Courts of Florida. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time lines that, if known, could significantly change the reply and make it unsuitable. Mr. Shiner strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. To learn more about David I. Shiner or the Shiner Law Group, P.A. please call our office at (561) 368-3363 or toll free at 1 (855) 368-3363 or visit website at www.ShinerLawGroup.com or www.InCourt.com


  3. You should take advance of attorney Davis offer, or another FL personal injury attoreny's offer, to review your policy. There may be exclusions due to resident relative etc. or not listing your son's vehicle if he resides with your; and many other possible exclusions. Seek the assistance of one of these attorneys. Good luck

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


  4. More details are needed to evaluate. Call one of the lawyers in your state who answered above to investigate this for you.


  5. This is a contract issue. Any lawyer will need to see all the documents involved to render a useful opinion.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me vblawyer@bellsouth.net, or visit my website http://www.millerlawoffices.us


  6. You and your son should schedule a free consultation with a personal injury/ insurance coverage attorney. My firm and several others in the Tallahassee/Quincy area can advise you and your son regarding the insurance issues.

    The above is general advice regarding applicable state law. It does not create an attorney-client relationship in any specific case.


  7. Insurance companies generally will not cover losses to vehicles belonging to their insureds unless the vehicle is an additional vehicle that was purchased within 30 days of the loss or a replacement for an insured vehicle (you still must notify the insurance company within 30 days in order to retain the same coverage as the vehicle you have replaced. This is a fairly standard policy provision (your specific policy contact could allow more time).

    Your insurance company should send you a denial letter that details why the claim is not being covered. If you think the claim should be covered, then you should obtain the services of an attorney who practices insurance law.


  8. Speak to a bad faith lawyer immediately. You may be able to enter into a Coblentz agreement whereby you settle the case with the plaintiff lawyer and the plaintiff is able to make a claim against your insurance company for bad faith. A Coblentz agreement is a document the parties may execute whereby you do not pay any money to the plaintiff. The plaintiff will take the risk of recovery against the insurance company, but not come after you.

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