What to do if my insurer is denying my claim for an accident because my live-in boyfriend was driving?

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What to do if my insurer is denying my claim for an accident because my live-in boyfriend was driving?

My insurance has denied the claim on the basis of someone not on my policy was driving. The policy states: Does not apply to a loss arising while your covered auto is being operated by a resident of your household or a regular user (twice or more in a given week, or once a week consistently) of your covered auto unless that person is listed as an additional driver on the declarations page; however when applicable this policy will comply with state code. We both stated he had driven the car at the most once a month, if that. The code implies he may drive covered if I give permission. I was in the passenger’s seat.

Asked on October 3, 2011 under Insurance Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to seek legal help in your area as soon as you can.  Believe it or not you will have to sue your own insurance company in what is known as a "declaratory judgement" action, meaning that you will be asking a Judge to read the terms and conditions of your policy, to review the facts of the underlying case, and to "declare" that you were indeed covered for the loss under the terms of your policy and in compliance with the law in your state.  These actions can be expensive and may states do not allow for recoveriy of attorney's fees except under limited conditions. But go for a consultation.  Good luck. 


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