How can I get my insurance company to cover my claim for my auto accident?

UPDATED: Oct 1, 2022

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How can I get my insurance company to cover my claim for my auto accident?

I have a 2013 Chevy Malibu and I let my girlfriend of over 20 years borrow my
car to take our son to King’s Island on May 30, 2018. She was in a car
accident, not by her fault. The driver’s side rear tire blew and she fish
tailed, and ended up in the slow lane where a semi driver rear ended her and
sent her spinning off to the side ditch, ending up facing backwards. The semi
that hit her, flipped over on its passenger side and slid off to the right and
slid into a tree, where the driver was pronounced dead at the scene.

Now I have received a call from my insurance company stating that they are not
going to pay for my claim.

I keep full coverage insurance on my vehicle and do not understand why they
will not cover my claim.

What can I do?

Asked on July 23, 2018 under Insurance Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

An insurance policy is a contract: the insurer must pay when the terms of the policy indicates they must. If you believe that under the terms of your policy and the facts of this situation, the insurer should pay, you can sue them for "breach of contract"; that own for violating their contractual obligations. If you can prove in court that should pay your claim, the court can order them to do so.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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