Can claim be denied by at-fault driver’s insurance company?

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My husband was rear-ended 2 days ago and we filed a claim with the at-fault driver’s insurance (we have a police report and at-fault driver was cited). The at-fault driver’s insurance tells us they can’t process the claim right away because they are reviewing the driver’s policy coverage and that the claim may be denied. The claim adjuster supervisor said that in her experience they will most likely not pay the claim, she used a term for the type of case this is and I didn’t quite hear the term but she gave an example, such as a person having a drunk aunt living in the house who has had multiple DUI’s was not reported when they issued the policy.

We live in Florida, is the insurance company allowed to deny claim if the at-fault driver was paying their policy, but the insurance company are trying to find other ways to say they shouldn’t have covered the driver? We have uninsured motorist coverage, but I don’t want to file a claim with my insurance and have my premiums go up if it isn’t necessary.”

Asked August 21, 2018

1 Answer


This sounds like a very stressful situation. Being involved in a motor vehicle accident is never a pleasant experience. Stress levels intensify when you find yourself faced with insurance issues. It is understandable that you don’t want to tap into your own insurance to utilize your uninsured motorist coverage. I suspect that the at-fault driver’s insurance company is attempting to get you to do that. While an insurance company is designed to cover expenses after an accident has occurred, insurance companies don’t always function honestly.

First addressing the situation of the false information provided; If something was not reported at the point of signing up for insurance then the insurance company has an issue on their hands. They can choose to deny the claim if they want. They can pursue the situation with their client. This is not for you to worry about though. You still need to find retribution for what happened since it was not your fault. You do pay for your vehicle insurance so you have coverage. There are many benefits to filing a claim with your insurance provider. Not only could you use the coverage to pay for your expenses. You can also utilize one of the attorneys provided by your insurance company to fight this issue. It’s going to be more favorable of an outcome if you let the professionals fight it out. Not to mention that you will relieve your stress by doing so.

Don’t be afraid to give your insurance company a call. You can inquire about what you should do moving forward. Premiums shouldn’t go up much if you were not responsible. Use your insurance for what is was intended for. It will make the entire process much simpler. You should also get a verdict faster.

Answered August 23, 2018 by fl_pc

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