Excluded Driver

[Sales71]

I had a client called asked about a claim situation.

He is excluded on his policy only his wife is covered because of his driving record He was with his wife and went to the car opened the door and a guy on the bike crashed into his car door.

His question will the company cover the liability claim?

The bike guy went to the hospital with medical bills?

any input on that situation?

 

[joshb]

I had a client called asked about a claim situation.

He is excluded on his policy only his wife is covered because of his driving record He was with his wife and went to the car opened the door and a guy on the bike crashed into his car door.

His question will the company cover the liability claim?

The bike guy went to the hospital with medical bills?

any input on that situation?

In my state the bikers PIP would be the first coverage to pay if he had an auto policy, if not your clients PIP would pay out, after that the liability would pay out. Yes, I would think it would be covered as he was not driving.

 

[Guest]

Insurance companies shouldnt have to pay for stupidity.

 

[djs]

Actually, most claims are caused by stupidity, or what is referred to as unintentional negligence.

He is excluded as a driver, but he wasn't driving. I've never run into this before, I suggest filing the claim and letting it run its course. I would suppose it would be covered, but you would have to read the actual policy language to be sure. How does the exclusion read? Does it exclude all claims derived from an excluded person, or only vehicle operation claims?

Good question, wish I had a good answer....

Dan

 

[Guest]

I agree Dan, but some stupid things are so far outta whack that the people should have to pay themselves....

I am kinda thinking that, since the car wasnt in operation, the homeowners Liability might actually kick in on something like this. I really am kinda stumped.

 

[3rdtimeisacharm]

Depending on your State, opening a car door into oncoming traffic is an AT Fault accident.

Was he driving, or an occupant of the vehicle? Was the wife in the vehicle? Another classic for the RN DUI stories.

* RoughNotes

 

[djs]

Homeowners won't cover this, even though the car was stopped. I've had several "car door" style claims, just never with an excluded driver. Usually, its a child that opens the door and a car hits it. Scary, but it happens mostly in parking lots.

Dan

 

[Soaringagent]

Let us know how it goes

 

[Sales71]

We just reported the claim for him. Will see how it goes. The hospital called him to get his insurance informayption so they can bill him. So he calked us and we did the claim for him.

 

[b61mack]

what door was he opening? what does the police report say? if it was the drivers door he most likely was driving. but it depends on how it was written up by the police... if his wife was their... then she would have supplied, the information to the police... if she was mysteriously not their ????? ochh!