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Roger
Roger, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 31692
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I was in a car accident that resulted in the total loss of my vehicle.

Customer Question

i was in a car accident that resulted in the total loss of my vehicle. There was no one else involved in the accident but I was cited for DUI. There is an exclusion for driving during the course of a crime (felony DUI) but can my insurance company deny my claim before I have been found guilty in the court of law? My insurance company has already told me that my claim is denied but now they are asking me for a copy of my citation which I refused. Also now they want to drop off my vehicle at my home as a "courtesy" which I'm sure is just their way of getting out of paying storage fees because they are not able to actually deny my claim as of yet without proof of felony DUI. My car is financed and the bank told me that the insurance company would release it to them but the insurance company is trying to release it back to me. What is going on here and what can I do?
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Roger replied 2 years ago.
Hi - my name is ***** ***** I'll be glad to assist. Do you know whether the insurance company performed its own investigation before denying the claim?
Customer: replied 2 years ago.
They said they did
Expert:  Roger replied 2 years ago.
Ok. Thanks. The insurance company has the ability to do its investigation and make a determination on its own to rely on.......irrespective of how the charges play out. HOWEVER, you can challenge the decision on the claim through an administrative process....and if that doesn't result in coverage on the claim, you could file a bad faith lawsuit against the insurance company if you believe it has improperly denied coverage.
Expert:  Roger replied 2 years ago.
In most cases, the coverage will not extend to cover injuries to a person if injured...or to your injuries. But, most policies will cover damage to the vehicle. Of course, every policy is different and it may very well be that all coverage is excluded in the event of a DUI......but you should have a lawyer check on this for you.
Customer: replied 2 years ago.
Why is my insurance company still trying to get information from me after they denied my claim though? Why are they trying to deliver my vehicle to my home instead of releasing it to my lender at the auto insurance auction storage yard? Can I refuse to let them deliver the car?
Expert:  Roger replied 2 years ago.
The insurance company is likely wanting as much documentation it can gather to support its decision to deny the claim....and also to make sure its decision is supported by documentation. Also, if you could provide information that would change their mind, that would be important as well.....and if you were acquitted of the charge, that would be big in trying to change the coverage decision of your insurance company.I can't say why they won't deliver the vehicle to your auto insurance storage yard......it may simply be a policy to deliver the vehicle to the record title owner.....but you would have to ask them this reason as I'm not aware of a law that would require it. Refusing delivery would be a tough issue because if they drop the vehicle at your house.....there's not ,such you can do sincee it is your house and your property......you'd probably have no way to prevent them from leaving it at your residence.