Subject: In an Awkward Situation After Being Hit by an Excluded Driver
TL;DR: I was involved in an accident with a senior man who was excluded from his wife’s insurance policy back in October. During that phone call, it seems she may not have fully understood what she was signing, nor did she intend for him to be excluded. Now, I’m in limbo as I await the decision on my insurance claim.
Full Story:
Eleven days ago, I was struck by an elderly man (the driver) while his wife was in the passenger seat. I wasn’t cited, and they were found at fault for the accident. The driver was arrested on site for driving with a suspended license, and he was reportedly excluded from his wife’s insurance policy since October 2024.
Their insurance adjuster informed me that my claim is currently under investigation because the conversation in which she excluded him indicated she may not have understood her decision and didn’t intend for him to be excluded.
I’ve been waiting almost a week for an update, and there’s been no communication. The collision shop suspects my car may be declared a total loss, which is adding to my stress. I’ve read stories of others waiting months for claim decisions, so I’m worried about the timeline. In the meantime, I’m borrowing a friend’s car and need to start looking for a new one.
I feel stuck in this waiting game. If the insurance denies coverage, I’ll have to file a claim with my uninsured motorist coverage. I’m uncertain about my next steps.
Is there a chance they might approve my claim given the unique circumstances? How long might I expect to wait for a decision? Should I go ahead and file under my UM coverage while pursuing subrogation? Any guidance would be appreciated.
I’m sorry to hear about your situation; it sounds very frustrating. When dealing with a case like this, there are several factors to consider.
Claim Approval Possibility: Given that the insurance adjuster suggested there might be grounds for approval due to the misunderstanding during the exclusion process, it’s possible they may cover your claim. Insurance companies often try to resolve issues amicably when there’s ambiguity in the exclusion.
Timeline for Decisions: Unfortunately, it’s not uncommon for insurance decisions, especially in complex cases, to take a long time—sometimes months. However, since they’ve acknowledged a potential misunderstanding, they may expedite the investigation to avoid further complications.
Proceeding with Your UM Coverage: If the insurance ultimately denies coverage, opening a claim under your Uninsured Motorist (UM) coverage could be a smart move. You can certainly prepare to pursue this while waiting on the initial claim decision. Just make sure to inform your own insurance company about the situation and the pending claim with the other party’s insurer.
Subrogation: If you do go through your UM coverage, your insurer might pursue subrogation against the other driver’s insurance if they eventually accept responsibility. It’s best to consult your insurance company about how to handle this process if it comes to that.
In the meantime, continue to document everything—conversations, timelines, and any updates you receive. This will help you keep track of the situation and provide necessary information if you need to escalate this or pursue your UM coverage.
Hopefully, you’ll hear from the insurance adjuster soon with a positive outcome, but preparing for all scenarios is wise. Good luck!