Thursday, August 28, 2008
Not a listed driver on insurance policy I got into an accident what to do? -
I live in the NY. I was Involved in a accident and hit a bicyclist. I'm 100% not at fault the police report and street witnesses back me. The bicyclist is now suing my brothers insurance I (America go figure). I live in the house with my brother but was not listed as a driver to keep the premium cost down. After the accident the insurance co forced to be added as a driver and made me pay the difference of the months I was not listed. I keep getting calls from an a investigator from the Insurance co. I've heard many BAD things about this POPULAR Insurance co so I've been dodging his calls for now, I'm very wary of answering his questions because I was not listed as a driver at the time of the accident, and I don't know if hes on "my side" or his intent is extracting info from me to disassociate the liability the Insurance company has or may have to take care of the claim on the insured car involved. I have to speak with them, is there anything I should or should not say? First, any insurance company I know would have done the same thing, added you back to the date you should have been added charge the premiums accordingly. Now, you have to talk to the investigator. He is trying first to determine fault cannot do so until he speaks to you. If he finds that the bicyclist is 100% at fault, the policy will defend the lawsuit but will not pay anything unless told to do so by the courts. Then, he will determine if there has been any fraud involved. The BEST thing to do is to be 100% honest hope for the best, claims investigators can smell lies fraud a mile away, so DO NOT LIE! If you do not talk to him the claim will be denied no matter who was at fault. The company will not pay for defense you both will have to hire your own attorneys. There is a stipulation in the policy that says you must cooperate with investigations of claims, if you do not, there is no coverage. So, get on the phone call him back as soon as possible. The clock started ticking when he left you the first message. Before long, your brother will be getting a letter that the claim is closed for noncooperation of the claim investigation. Chalk this up to lesson learned you need to be listed on resident relative's auto policies unless you have your own. We all pay higher premiums for people who are not listed on policies that they should be. Talk to him. You're only putting off the inevitable. Since they added you back and made you pay the premiums, then you are covered under that policy. You are goin got have to "face the music" on this one. I hope your brother is insured with a good company. Good Luck Any reputable lawyer will give you a free consultation. Spend a few min with a couple different lawyers and get their opinion. A mis-statement could cost you for many years to come! New York has very friendly laws for members and very strict guidlines for carriers. Since the carrier allowed the back dating of the policy everything should be OK. The only time you would have added risk to this situation is if you lied. You should work with the investigator as long as the conversation revolves around the accident itsellf. If they question why you were not insured on your brothers policy just rely on that you didn't know. The above advice is sound. I hope you learn a lesson from this on how stupid it is to try to save a few bucks on premiums. Oh, bummer. Not listing an operator that is a household member, that would result in an additional premium is fraud. YOU are not going to be covered. So you'll have to hire your own lawyer. ANd it's highly likely your brother isn't going to be covered, either. If you and/or your brother do NOT cooperate with his insurance carrier fully, they're going to not cover you, also. It's pretty cut and dried. You guys committed insurance fraud by not listing an operator. As soon as they either have that info, or give up trying to get the info, they deny the claim and walk away. Either way, you're on the hook for your defense attorney, and any judgement against you. Sorry.
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