Accident Involving an Excluded Driver: Seeking Guidance
Quick Summary: I was recently involved in a car accident with an elderly man who was excluded from his wife’s insurance policy. The circumstances surrounding his exclusion seem unclear, as she may not have fully understood what she was agreeing to during that phone call back in October. I’m currently waiting for my insurance claim to be approved or denied.
Detailed Account:
Eleven days ago, I was struck by an elderly gentleman (the driver) while his wife was in the passenger seat. I was not at fault, and the accident report supports this, with the other driver being cited for driving with a suspended license. It turns out this gentleman was excluded from his wife’s insurance policy back in October 2024.
I’ve been informed by their insurance adjuster that my claim is now under investigation. It appears that during the phone call where she excluded him from coverage, she may not have clearly understood what she was agreeing to.
Now, nearly a week has passed, and I’m still waiting for an update. Unfortunately, my car is likely a total loss, according to the collision shop’s assessment. I’ve read reports of others waiting months for claim decisions, and in the meantime, I’m borrowing a friend’s car while searching for a replacement vehicle.
I’m feeling quite uncertain about the next steps. I’m awaiting feedback from their insurance, but if they deny the claim, I will need to file under my Underinsured Motorist (UM) coverage.
What are the chances they might approve my claim given the unusual circumstances? Is it common to face such long wait times for decisions? Should I go ahead and initiate my UM coverage claim and pursue subrogation in the meantime? Any advice would be greatly appreciated.
I’m sorry to hear about the situation you’re dealing with—it’s certainly frustrating to be in limbo like this. Given the unusual circumstances surrounding the exclusion of the driver, there’s a chance that the insurance company may find in your favor, particularly if there’s evidence that the exclusion was not the wife’s true intention. However, it’s also possible that they may use this as an excuse to deny the claim, especially since they are investigating the situation.
Here are a few steps you might consider taking:
Stay in Contact with the Adjuster: Make sure you maintain regular communication with the insurance adjuster to keep your claim on their radar. Firmly express your need for a timely resolution, especially since your vehicle may be a total loss.
Document Everything: Keep a record of all communications with the insurance companies involved, including dates, times, and the names of the people you spoke with. This may be useful if you need to escalate the matter later.
Consider Your UM Coverage: While it’s wise to wait for the insurance company’s decision, you may want to prepare for the possibility of needing to file a claim under your Uninsured Motorist (UM) coverage. If you do go this route, make sure you understand the implications and any deductibles that may apply.
Seek Legal Advice: Given the complexities of your situation, you may want to consult with a lawyer who specializes in auto insurance claims. They can provide specific advice tailored to your case and help you navigate any potential issues with subrogation.
Start Your Car Search: Since you mentioned needing to search for another car, it might be a good idea to start looking for options within your budget, even if you haven’t received a final decision yet. This way, you’ll be prepared to act quickly once your claim is resolved.
Unfortunately, the timeline for decisions can vary widely, and yes, it’s not uncommon for claims to take months, especially with complex circumstances like these. Your best bet is to stay proactive and prepared for any outcome. Good luck, and I hope you hear back soon!