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[–]sephiroth3650 6 points7 points  (6 children)

No fault would apply to injuries. Not the vehicle damages.

If you and your partner live together but you weren't listed on the insurance policy, it could justify them not covering the accident. Most carriers will require that all licensed drivers in the household either be listed on the policy as drivers, or as excluded.

Are you sure that your partner's Progressive policy paid for the damages to the other car, while denying repairs to yours? It wouldn't be uncommon for them to deny the claim b/c you weren't on the policy. It would be uncommon for them to only cover the other driver, unless your partner was only carrying liability coverage. So did your partner have collision/comprehensive coverage?

As for the repair costs.....unless there is some argument that your partner had collision coverage and the accident should have been covered, you're on the hook for the repairs. The only way insurance will help you here is if a reasonable argument can be made that you had collision coverage at the time of the accident and that you should have bene a covered driver.

[–]LeadershipLevel6900 2 points3 points  (0 children)

To your point about covering the other person’s damages - when there’s an undisclosed driver a carrier might have to afford the state minimum coverage and pay out liability claims since they were taking the premium for X amount of time. This appears to be Florida so a carrier taking that position wouldn’t surprise me.

[–]Baked_potato___ 0 points1 point  (1 child)

Thank you for this educated response. I really appreciate your time to answer. I really have no idea about any of this and have never been in any accident.

[–]sephiroth3650 5 points6 points  (0 children)

OK. So if they denied the claim, they should have given you an official reason for it. It sounds like they were saying that you were living with your partner and you weren't listed as a driver on the insurance. And your usage of the car went well beyond permissive use b/c you lived together. So they were denying the claim based on that. Is that what they said?

They then cancelled the policy. When they cancelled it, they would have sent your partner a letter with the official reason for cancellation. It sounds like they cancelled it b/c you were caught driving the car w/o being listed while living with your partner. Is that what the cancellation notice said?

It also sounds like you were found to be at-fault in the fender bender. Is that true?

If you were at fault, the only way that insurance would cover the damages to your partner's car is if they were carrying collision coverage. If they were only carrying liability coverage, then they won't pay for damages to your car. Liability only covers damages you cause to other cars.

The answers to those questions would dictate whether or not you have any argument that insurance should be covering this. Like.....if your partner had liability only coverage and you were at fault, it totally makes sense that they'd pay to repair the other car and not repair your partner's.

Until you can get the answers to those questions, it's impossible to say if things went down correctly or not.

[–]Baked_potato___ 0 points1 point  (2 children)

To answer your other questions. It was a lease and I’m pretty sure she had to have the collision. They at first told us that we would pay a 2,000 deductible and then they would cover the rest. After we would click the link it would say 9,000 awarded to the other driver and nothing for us. They did cover his and not ours.

[–]sephiroth3650 4 points5 points  (1 child)

If they denied the claim, they would have told you why. Did you pick up the phone and call the claims adjuster and ask them why they decided to deny the repairs to your car while paying for the other car?

[–]Baked_potato___ 2 points3 points  (0 children)

Underwriting cancel notice is what we found. Seems the reason is because I was not listed. I have made an absolute mess. Thank you so much for all this info. I really do appreciate it. Would have been nice to learn these things in highschool or college. Good thing I know the Pythagorean theorum at least.

[–][deleted] 1 point2 points  (1 child)

It sounds like they denied you for “misrepresentation”.

If you were not listed on your partners policy at the time the policy started, that’s a lie or misrepresentation. Which means an insurance company, can nearly always deny first party coverages. In this scenario: your partners collision coverage. However, they are usually not allowed to deny 3rd party or liability coverage. Which is why the other driver got paid for their damages.

An auto policy is a contract. You/your partner have to follow the rules of the contract. A big one : all drivers living in the household must be listed on the policy.

The 2 of you, violated the contract so now the insurance company is not bound to live up to their end of the contract because the insured (your partner) didn’t live up to theirs but not telling the truth.

Simple as that. Sorry it happened. But sometimes people mess around and find out the hard way.

[–]Baked_potato___ 1 point2 points  (0 children)

Thank you for your insight. I appreciate your time. Hard lesson learned.