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astark.ice · Feb 2, 2012, 05:28 PM

My boyfriend was parked on the side of the road and rear ended by a drunk driver. We contacted his insurance company to put in a claim, it took them 3 weeks to send out an estimator and another week before they got into contact with their insured, who at the time told them that his car was stolen. It is now 93 days after the accident and I still haven't gotten my car repaired or replaced. Their insured was picked out of an official police lineup and identified, I faxed the papers to his insurance company, now they are saying that they will not pay because their insured committed a felony and lied to their company so they may not pay out. Help please.

keyera · Feb 2, 2012, 06:46 PM

I think you should actually press charges on the "drunk driver".

ScottGem · Feb 2, 2012, 06:55 PM

First, drunk driving is a criminal offense. The victim doesn't "press charges", the prosecutor's office does.

You need to report this to YOUR carrier. Let your carrier pay for repairs and then go after the other driver's carrier for reimbursement.

astark.ice · Feb 2, 2012, 08:39 PM

I have liability insurance on my car. At the time of the accident the driver of the other car fled the scene when he heard me calling the police turning it into a hit and run case. The officer investigating the case requested a warrant for his arrest. But because he lied to his insurance company about his car being stolen, and once I provided them with proof of the incident, his insurance company does not want to repair my car because he committed insurance fraud,(a felony offense), and his policy is therefore forfeit.

Fr_Chuck · Feb 2, 2012, 09:06 PM

So you sue the driver and the insurance company, sorry but this is life today, many insurance company deny a claim until it goes to court.

ScottGem · Feb 3, 2012, 04:09 AM

So you have no comprehensive of collision. Then, as we have said, you need to sue the other driver and his carrier for the money to repair.

It is possible that his insurance has a clause that indemnifies them if the damages were caused by an illegal act. If that's the case, then its likely the carrier can get away with denying the claim. That means you will have to go after the driver for reimbursement and that may be difficult. You will win in court, but collecting the judgment will be another matter.