If my roommates are not listed under my policy and I get into an accident, can my insurer deny my claim and consider it fraud?

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If my roommates are not listed under my policy and I get into an accident, can my insurer deny my claim and consider it fraud?

Asked on October 6, 2015 under Insurance Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, if one of the roommates got into the accident--or if the insurer believes that a roommate was driving and you are simply claiming that you were driving so you could place a claim--then yes, they could potentially deny your claim. That is because you have an obligation to report to them all members of your household or others who may drive your vehicle a failure to do so can invalidate your coverage for fraud and/or breach of contract breach of your obligation to keep your insurer appraised of all potential drivers.
But again, this applies only if a roommate was driving, whether that was admitted by you or not. If you were driving, your insurer should cover the loss or claim at least within the boundaries or parameters of the insurance policy. If you were driving and the insurer will not pay, you could sue them for breach of contract--that is, for violating their obligation under the insurance policy which is a contract--to recover the money they should have paid you for the claim.


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