by Guest » Tue Jan 17, 2012 04:42 pm
My daughter’s car got severely damaged because her mother-in-law was coming out of the garage and backed into her car. The insurance company is denying the claim sating that it all happened at her mother-in-law’s place and that my daughter lives with her under the same roof. Is there any plausible ground to this denial? Can this be covered under her in-law’s homeowners insurance?
Posted: Tue Jan 17, 2012 07:10 pm Post Subject:
If your daughter was not in the vehicle then I don't see it as an issue. Sounds like they are denying the claim as the insurance company should have been told that the daughter was living in the household. But in this situation this should not be an issue as only your daughters personal property was damaged.
Now the carrier could rescind the policy for material misrepresentation (they asked and were not told that the daughter was living in the household) but lacking that, I don't see any grounds for denying coverage as the daughter herself was not involved.
To shorten this situation you need to find out on what grounds they would be denying coverage. They will probably mention what I did above. If they don't rescind the policy then I think they have a super weak case and you should file a complaint with the Dept of Ins. Actually, you should file a complaint at this time and get the ball rolling.
If they explain to you why they think her living in the same household warrants a denial and you post that info in detail, I can explain further.
The homeowners policy won't address the damage.
Posted: Wed Jan 18, 2012 03:50 pm Post Subject:
In such a situation you might want to ask your daughter to consult her mother-in-law and file the claim with the in-law's insurance company. Even if your daughter's insurance company is trying to deny the claim, her in-law's insurance should cover the damage. If the situation is such that it doesn't permit such action, do as tcope says. I personally think its the most valid course of action.
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