how can I get my- or SOMEBODY'S-insurance to take responsib

by ldarger » Wed Feb 20, 2008 03:58 am

okay I'm glad I found this place. I have a hell of a lot of questions to get answered. I'm insured through Farmers, who I have come to despise. I have howeowners, vehicle, and motorcycle insurance all through them. Back in August, I rented a motorcycle from Harley Davidson for the use of a "friend". Now I realize in retrospect the fallacy of such behavior, had enough people tell me how stupid that was... What I'm trying to figure out is what should have happened vs. what DID happen with the insurance. He slid it into a parked truck. Afterwards, the rental insurance refused to cover it because I had rented in my name not his. My insurance refused to cover it because he was not a family member. And he gave me a fake policy number and then stopped answering my calls so his insurance doesn't cover anything. I don't know whose exactly, but somebody's insurance paid for the parked truck damage (and it wasn't the truck's) I think it was mine. But they refuse to pay for the damage to the motorcycle. Harley's insurance company is coming after me for 10K right now which I don't have and which I feel should be covered somewhere. What recourse do I have? If they felt liable enough to pay for the truck damage, why won't they pay for the bike? What can I do? This is only my first question. I have many more.

Total Comments: 5

Posted: Wed Feb 20, 2008 05:27 am Post Subject:

Hi ldarger, we too are happy that you have decide to join us. We'll be more than glad if we can help you with your 'lots of questions'. :) Now comming to your present problem...

Afterwards, the rental insurance refused to cover it because I had rented in my name not his.



They were right in telling so.

My insurance refused to cover it because he was not a family member.



Was your friend on the exclusion list in your policy? otherwise the insurer might have covered the damages caused by him as he was driving with your permission.

And he gave me a fake policy number and then stopped answering my calls so his insurance doesn't cover anything.



You may think about changing your friend and not your insurer. What kind of friend you have, who offers fake insurance information!! :evil:

Posted: Wed Feb 20, 2008 05:51 am Post Subject:

I don't know whose exactly, but somebody's insurance paid for the parked truck damage (and it wasn't the truck's) I think it was mine. But they refuse to pay for the damage to the motorcycle. Harley's insurance company is coming after me for 10K right now which I don't have and which I feel should be covered somewhere. What recourse do I have? If they felt liable enough to pay for the truck damage, why won't they pay for the bike? What can I do? This is only my first question. I have many more.



I'm confused:( Please try to put your problem in a simpler language.

If you have reported the incident to your carrier then they'd have covered the damages caused to the truck. Now, the question remains, have you filed a claim? because there is no hint of it in your statement above. Your narration shows that you are somewhat confused with the whole proceeding.

Next, the damages caused to your vehicle will be covered by the collision component of your policy and for that you are required to file the claim with your insurer, if you have the one on the motorbike.

Can't offer more info., untill and unless you slip some more data to us.

Posted: Wed Feb 20, 2008 06:56 am Post Subject:

I might have to get a policy out to answer this one (or get some sleep so my brain works a little better)....

You would be liable for the use of the motorcycle as you signed the rental agreement. There is probably a clause in that contract that state you assume (liability) responsibility for it's use. You are an insured under your policy. So when the motorcycle caused damage to the truck, _you_ would be liable for that damage. For the reason's mentioned above, your policy would pay for the damage to the truck (to protect your interest in the accident).

Now we have the damages to the motorcycle left. Rental contracts usually also state that the renter is responsible for the damage to the bike. You were the renter, so you are responsible. You stated that the "rental insurance" would not address the damage as you were not the driver at the time of the loss. This is a pretty typical exclusion under rental insurance contract but you'd want to review that contract just to make sure that it is excluded. So that leaves us with your insurance policy. You know, I'm not even sure an standard auto policy is going to extend coverage to a non-4 wheeled vehicle. I'm pretty sure most policies have an exclusion for this. But you state that your carrier denied coverage because he was not a family member. Have they put this in writing? If they have not, they have not denied the claim. A denial needs to be in writing (that is, if they are not willing to put it in writing yet, then they still need to address the loss). Off hand I cannot think of an exclusion that would apply due to the driver not being a family member. Perhaps Farmers is looking at this as if someone else is driving someone else's vehicle so why would your policy provide coverage (though, a family member would not change this line of thought) but that is not correct. Here is what how Farmers should look at it... you're an insured under your policy. While you did not cause damage to the rental bike, you are being held responsible for that damage via the contract. Coverage would come from the collision portion of the policy. Other then that, I would think that only exclusions under the policy would apply. Perhaps there is some clause in your policy that only extends collision coverage to your or a family member on a rental vehicle. Ahhhh, I think I recall that there is!

Bottom line is that you simply need to ask your Farmers adjuster to point out in the policy where the exclusion lies. They should be able to read this to you and if you have a policy in front of you at the time it will make it easier to follow along. Also, any denial letter from Farmers should quote the policy exclusion as well.

What can you do?
1) Pick better "friends"
2) Don't stick your next out to the tune of $10k+ for "friends"
3) You rented this person a motorcycle and you don't even know where they live? If you do, don't call... go to their house and talk to them. Though, if they gave you a fake policy number I'm betting they don't have insurance.
4) File suit against this person in court (amount might exceed small claims court, though). This person damaged the property that you were responsible for. _You_ can hold them responsible. Of course, I'm betting that he does not have 2 cents to rub together (after all, you had to rent the bike for him) so you'd wind up with just a judgement. But it might be better then nothing.

** Someone needs to confirm if that exclusion I mentioned does actually exist :)

Posted: Wed Feb 20, 2008 07:16 am Post Subject:

My friend, you may wish to refer to your policy document, especially the exclusion clauses. They might have special exclusion clauses for the drivers other than the one listed in the policy. If you are not the only 'named insured' under the policy, you may receive coverage for the damages done to the third party irrespective of the fact that the damages were caused by some 'moron' friend of yours.

Posted: Wed Feb 20, 2008 01:10 pm Post Subject:

Welcome to the board. It's a great place to get questions answered.

Per tcope:

What can you do?
1) Pick better "friends"
2) Don't stick your next out to the tune of $10k+ for "friends"
3) You rented this person a motorcycle and you don't even know where they live? If you do, don't call... go to their house and talk to them. Though, if they gave you a fake policy number I'm betting they don't have insurance.
4) File suit against this person in court (amount might exceed small claims court, though). This person damaged the property that you were responsible for. _You_ can hold them responsible. Of course, I'm betting that he does not have 2 cents to rub together (after all, you had to rent the bike for him) so you'd wind up with just a judgement. But it might be better then nothing.



They all hold true, especially the one I bolded above. A true friend would never pull those shenanigans.

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