Collision Coverage Dropped - Can We Sue Other Party?

by Guest » Mon Nov 23, 2009 07:50 pm
Guest

My stepson has a valid auto insurance policy in NC. A few weeks ago, he was in an accident while going straight through stoplights. Another party turned in front of him and she was ticketed by the police for failing to clear the intersection. Her insurance company has denied his claim due to 1% contributary negligence. The problem with his own insurance is, collision was taken off of his policy in March of 08 by the insurance co. as he did not have a NC drivers license. Being young and stupid, he didn't note all that. Now his car is totalled and he owes $11,000 on it. His agents says that he was never made aware that there was a financing company involved. That is not true, as the agent actually drove to the dealership to pick up my stepson, because the finance company would not let him leave with his newly purchased car until he had obtained insurance. This agent arranged all his insurance for him. My gut tells me the agent dropped the ball in not adding the finance company to the policy and is now trying to cover himself. Can stepson sue the other party & insurance company for the collision or is there recourse against his agent? Thanks for any help you can provide.

Total Comments: 22

Posted: Tue Nov 24, 2009 11:28 pm Post Subject:

Thanks, I'll have him check with them.

Posted: Wed Nov 25, 2009 01:47 am Post Subject:

An insured needs to sign the application. If there was no lien holder listed on the application....

Posted: Wed Nov 25, 2009 01:54 am Post Subject:

This may be one of those life lessons that he may have to look back on and laugh...someday.

Posted: Wed Nov 25, 2009 01:58 am Post Subject:

I still don't understand.

Posted: Wed Nov 25, 2009 04:11 am Post Subject:

I still don't understand.

I'm pretty sure if the carrier knew their was a lien holder that they would be required by law to inform them that collision was dropped from the policy. If they did not, they they may need to extend that coverage.

Posted: Wed Nov 25, 2009 04:25 am Post Subject:

Carrier didn't know, because the agent didn't put it on the app. Stepson didn't notice.

Posted: Wed Nov 25, 2009 05:55 am Post Subject:

Carrier didn't know, because the agent didn't put it on the app. Stepson didn't notice.


Excellent! I'd rather choose to wait n see if anyone gets penalized.

Posted: Wed Nov 25, 2009 08:36 pm Post Subject:

because the finance company would not let him leave with his newly purchased car until he had obtained insurance.





Stepson didn't notice.





An insured needs to sign the application.




Nevermind.

Posted: Wed Nov 25, 2009 08:38 pm Post Subject:

Point taken. .....and taken.....and taken....and taken......*yawn*

Posted: Wed Nov 25, 2009 08:42 pm Post Subject:

Go the agent route and check on state laws that require them to notify the lien holder. A few phone calls and some web serching can't hurt.

Sorry for my other responses, I am just big on personal responsibility.

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