[jeverts]

So I just came here to rant I guess...that's ok in 'Tailgate Talk,' right? Some kid ran a stop sign and hit my wife and kids yesterday in our minivan. Everyone is fine and the damage could be worse I suppose, but on our way to the body shop to meet the tow truck, we called Nationwide (the kid's insurance company) and they told us his policy was inactive (because he didn't pay his bill) and they wouldn't approve the claim. We carry full coverage on the van, so after a few minutes of cursing, kicking things, and calling the kid to not-so-kindly express my frustration with him, I called Allstate (our insurance company) to start the claim process with them. I carry full coverage on it, plus uninsured motorist coverage (which covers a rental). Since I have full coverage on the vehicle, they wouldn't let me file an uninsured motorist claim, which means I don't have access to the rental coverage, I have to pay my $500 deductible, and my rates will go up after this because they're paying out. I argued with the adjuster for about a half hour last night trying to get them to make an exception and pay for a rental since the van is the only vehicle that we have that will haul our entire family, and that in literally EVERY other scenario, we would be granted a rental since we were the victim. His excuses were: if they make the exception for me, then they would have to make the exception for everyone; and we're probably not going to get our money back from the faulted driver on this claim so we can't spend extra money on extra amenities. I think this is all bull crap, but that's what I get for thinking I'm "in good hands with Allstate." The body shop is already doing their assessment, but it's going to be Tuesday until the adjuster can go out and approve the claim. I'm done with Allstate after this is all over...this is the second time I feel that I've been shafted by them. Am I wrong here?

 

[GR2017]

.....Since I have full coverage on the vehicle, they wouldn't let me file an uninsured motorist claim, which means I don't have access to the rental coverage, I have to pay my $500 deductible, and my rates will go up after this because they're paying out. I argued with the adjuster for about a half hour last night trying to get them to make an exception and pay for a rental since the van is the only vehicle that we have that will haul our entire family, and that in literally EVERY other scenario, we would be granted a rental since we were the victim. His excuses were: if they make the exception for me, then they would have to make the exception for everyone; and we're probably not going to get our money back from the faulted driver on this claim so we can't spend extra money on extra amenities. I think this is all bull crap,.....Am I wrong here?....

I'm confused. If the insurance company is applying the requirements of the policy you approved, why would the insurance company now have to change the requirements for just you?

Question: how did a police report get filed for a incident with the driver at fault with no active insurance? Did not the police ask for the insurance cards and check that the policy was valid?

 

[ASTE25]

Question: how did a police report get filed for a incident with the driver at fault with no active insurance? Did not the police ask for the insurance cards and check that the policy was valid?

All states are different, however, in Alabama a crash report would have been made by the police. If any (regardless of "fault") involved vehicle is registered in Alabama and it does not have the minimum insurance coverage then the driver would be cited for No Insurance. In Alabama, if the vehicle involved is not registered in Alabama then there is nothing the investigating officer can do about them not having insurance. In this case it seems that the only avenue to regain his losses are to either seek restitution at court if he was cited for No Insurance, or, if not, to file a small claims lawsuit against the other driver.

 

[hunt4steve]

Isn't driving without Insurance illegal? I mean, I know lots of people do it all the time, but shouldn't the kid have his license taken away and your insurance company go after him for the money they have to pay in in Civil court or something?

Agreed on Allstate, I've heard lots of bad things about them.... certainly not good hands or at least they are full of holes, similar to loop-holes for them so they don't have to pay.

 

[ferraiolo1]

Look into nationwide. They are a little more expensive. But I have always had good luck with claims.

And I'm sure GR reads every single policy in it's entirety before clicking I agree or signing.

Sent from my iPhone using Tapatalk

 

[Enforcer]

Might be time to take your copy of your signed policy to a lawyer and go over it line by line. The explanation given to you that says you can't claim for the uninsured driver because you have full coverage doesn't make sense, unless there was a problem with establishing fault in the collision. You definitely need to see the police report and challenge any error if that's the case.
If the other driver was noted at fault, the insurance position sounds completely contrary to what underinsured and uninsured policies are supposed to be, to cover you from a driver who is not insured.
The rental coverage on your vehicle may or may not be included in the uninsured rider, that needs to be confirmed too.
The idea you are being charged the deducible is strange too. It is common to pay the deductible when making a claim for uninsured, just like damage caused by a shopping cart under comprehensive; but if the company is refusing the claim under the uninsured clause, and still charging you the deductible, then they must be assessing some fault to your vehicle.
It might be worth looking at Nationwide as well, if they are denying the claim simply because the kid was late with a payment, you may still be able to claim against them. But, if the kid was later than the cut off date you might be out of luck there.

 

[bksbigdogdoug]

Based on what you've told us, the insurance company stance doesn't make a lot of sense.

I've had to make a claim against my insurance for a car that was totaled by an uninsured driver. I had full coverage without rental car(it was a 2nd car), but State Farm had no issues filing it as uninsured. The other driver provided the police a Gieco insurance card, but Gieco said they weren't a current customer. In Ohio, you have to show proof of insurance in all traffic stops, but it isn't verified, so people will just carry a card to show so they don't lose their license. I had to pay my deductible for making a claim on the uninsured policy, but they showed the car's value 25% higher than I had into it, so made back my deductible plus. Then, after they took the other driver to court to collect the money they were out, they reimbursed me the deductible.

Have you involved your insurance agent in this? Maybe at least he would be able to explain why is being filed the way it is. He has a bigger stake in losing you than the big corporation does.
Good Luck OP.

 

[Welcher774]

First I am truly sorry to hear of your troubles. I am glad to hear no one was injured cars can be fixed people not so easily.

Please allow me to share some information with you. I worked for Allstate in high school and college taking accident and homeowners claims. I was one of the people you spoke with when you called into at the 800# to make the first report. I was not a claims adjuster. I had that job for almost 9 years and also worked in the IT dept in Florida. I left in 2000 before they closed our call center and outsourced our dept.

So based on what I read from you and recall on my training Rental car coverage UU is optional and not required. Uninsured motorist coverage is also optional. One of the Most missused terms is Full Coverage. That truly is a very generic term and not one I use.

If the accident is not ciewed as your fault I do not think it is a chargeable loss therefore your rates should not increase.

Feel free to post any other questions you have and I will try to help. Btw you the policy holder can take the vech to any shop you choose or you can use one of Allstates preferred shops which they will warranty the repairs for the life of the vech. I hope this helps you some.