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Can you help me understand whether my policy will cover my…

Can you help me understand...
Can you help me understand whether my policy will cover my claim?
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Answered in 13 minutes by:
3/8/2018
Attorney Wendy
Category: Legal
Satisfied Customers: 785
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I have been a lawyer for about 20 years. Can you provide me some additional information so I can answer your question, including the following:

(1) what type of policy

(2) what type of claim you are or have you made

(3) are you able to provide me a copy of your policy

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Customer reply replied 2 months ago
Car insurance with progressive insurance
Car accident - my daughter rear ended someone
Policy - is for the car that was totaled last year. We have been paying on policy but wrong vehicle on it. I will get that policy to you

So that I am sure I understand, an accident occurred with car 1. Progressive was the insurer and made the decision to total the car. I assume a new/replacement car was then purchased with those insurance proceeds (car 2) but the VIN and other identifying information on that new car was never put in place of car 1 on the policy. Then your daughter was in an accident with car 2, but car 1 still appears as the insured vehicle on the policy?

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Customer reply replied 2 months ago
Correct. There were no proceeds from car 1 accident. They totaled car; paid off lien holder and then she signed off the junked car to the adjuster

This is a tricky situation. Technically, if the car is not listed as an insured vehicle it there would be no coverage for it. That being said, in this case Progressive was aware that Car 1 was no longer in service and continued to collect insurance premiums on that vehicle. That does not alter the terms of the policy or require/guarantee that they will pay for damages on Car 2. But that does provide some leverage to negotiate with them as they have knowingly (or should have known) been collecting proceeds on a car that is uninsurable/that they totaled. At a minimum, I would argue you are entitled to a return of premiums paid on Car 1 after it was totaled, but I am sure given your question that the damages now needed to cover the accident in Car 2 likely exceed that amount. it might be worthwhile to contact an attorney in your area who handles insurance coverage matters and get an initial opinion from them to aid in your communications with the insurance company.

I hope this helps and I am so sorry for this situation. Though the insurer will say you had an obligation to change the policy to Car 2, the same can be said for their obligation to act in good faith toward you.

If you need additional assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate a 5 star rating at this point.

Please note: This is for ​informational and educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 2 months ago
Thank you Wendy. You have been great. Are you in the Charlotte NC area? I thought this is where I was calling.
If you were me-what would be your next step with the company?

I am actually in Charleston, SC. If you haven't made the claim yet, I would do so to see how they respond. If the claim is denied or the issue comes up (assuming it hasn't already) during the claim process, I would see if you can find an attorney who would do a free or set price consultation just to get some guidance as each state handles insurance bad faith issues and insurance duties and responsibilities slightly differently.

Attorney Wendy
Category: Legal
Satisfied Customers: 785
Experience: Member at Keefer & Keefer LLC
Verified
Attorney Wendy and 87 other Legal Specialists are ready to help you
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Customer reply replied 2 months ago
Wendy - could insurance company at least be liable for the car that My daughter rear ended since she had insurance in effect. She is also listed on my own car insurance if that would help in anyway

Yes, the driver should be insured even if the car is not. I would want to see the actual policy but typically that is how it would work - if you have insurance and drive someone else's car, for example, and had permission to do so your insurance would provide coverage even if the owner of the vehicle did not have insurance or had inadequate insurance; so that same application may work here as well.

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Customer reply replied 2 months ago
Very responsive and knowledgeable.
Appreciated Wendy’s input

I am glad I could provide some help. Best of luck with everything!

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Attorney Wendy
Attorney Wendy
Attorney Wendy, Lawyer
Category: Legal
Satisfied Customers: 785
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Experience: Member at Keefer & Keefer LLC

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