Old Claim Filed After Death of Named Policy Holder

Discussion in 'Auto Insurance Forum' started by emil39, Jul 8, 2017.

  1. emil39
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    emil39 New Member

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    Named policy holder died. Spouse filed a claim for an accident to vehicle that occurred almost a year before policy holder died. Spouse was at fault in the one vehicle accident.
    Spouse also filed a claim for replacement of windshield on same vehicle.
    Vehicle and insurance still in deceased's name.
    Both incidents occurred before death of insured. Claims were filed after death of insured.
    Insurer admits wife is covered under policy, but does not want to cover claims since wife does not have authority to sign deceased husband's name to an insurance check for repairs.
    Please advise. This policy has been in effect since 2004.
     
  2. adjusterjack
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    adjusterjack Well-Known Member

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    It's not that they don't want to cover it. At least that shouldn't be the reason.

    If she was not a Named Insured and was just defined as "an insured" then she has no rights to the policy or it's benefits. It's the Named Insured's estate that has the rights.

    If the claim rep has decided that the claims are legit and payable he would be wise to just make out the checks "To the Estate of Mr Named Insured" and send them to the surviving spouse and be done with it.

    You can explain to her that she needs to open probate and get court papers appointing her as representative of the estate. Once she has them she can act on behalf of the estate, deposit the settlement checks in the estate account and, once probate is over, she can distribute the money to herself.

    That's how it works.

    Although it's possible that the insurance company's policy is to get the court papers before issuing the checks to the estate. That's OK, too.
     
  3. djs
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    djs Super Moderator Moderator

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    How long ago did the incidents occur? One is at least over a year old, the other is unclear. This will be tough just given the age of the claim.

    Insureds have a duty to file the claims promptly. As they age, they get MUCH harder to confirm the facts of the claim. I don't know what the actual limit is, but I know after a year, claims are difficult to file.

    Is there supporting evidence of the date of loss? Police report?

    There is more to this story.

    Dan
     
  4. LostDollar
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    LostDollar Well-Known Member

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    As far as the windshield is concerned, is it possible that that is just rock pitted from age-and if so could she be able to get a claim processed for that as estate representative as adjuster jack suggests?

    Re more, didn't think of this until you posted-but possible husband didn't want to claim because he was concerned about rates-but if it is their only vehicle-wife is now more concerned about functionality?
     
  5. emil39
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    emil39 New Member

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    Thanks for all your replies. The truck is the only property not held jointly. I may file a Small Estate Affidavit just listing the truck and any forthcoming insurance proceeds for said truck.
    There is a will, however, only the truck was not joint property, so hate to probate just for that.
    The deceased had become unable to drive, but now truck is needed.

    ----------

    The dented left rear panel occurred 7/16 when backing up while pulling a trailer, trying to turn around on a country road.
    The windshield has been broken several years. No police reports.
     
  6. LostDollar
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    LostDollar Well-Known Member

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    If this is comp and/or collision and there are two separate claims, are the deductibles even low enough to make an effort to file claims worthwhile?
     
  7. emil39
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    emil39 New Member

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    Thanks. Will check into that.
     
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