Corpus Christi, TX asked in Personal Injury, Traffic Tickets, Car Accidents and Insurance Defense for Texas

Q: IF AN INSURANCE COMPANY ADDED AN "EXCLUDED DRIVER" TO SOMEONE'S POLICY.. WITH THE WRONG NAME, BIRTH DATE, & RELATIONSHIP

WHO WOULD BE AT FAULT? THE "EXCLUDED DRIVER" WAS NEVER MEANT TO BE ADDED.. BUT ONLY GIVEN A QUOTE OF AN ADDED DRIVER, WITH NO RELATION TO THE INSURED DRIVER. A FRIEND ADDING A FRIEND BASICALLY. THE INSURED DRIVER HAS BEEN NOTIFIED TO SEND "PROOF" OF THE WRONGFULLY ADDED EXCLUDED DRIVER. THE INSURANCE COMPANY IS NOW PULLING OUT OF THEIR END OF THINGS, AS FAR AS PICKING UP THE INSURED DRIVERS CAR FROM THE LOT & PAYING X AMOUNT OF DAYS BEING THERE.

1 Lawyer Answer

A: If the excluded driver wasn't driving they can't get all technical when the crash happens. Makes sense to talk to a member of the Texas Trial Lawyers who handles bad faith. In the meantime, confirm what they are doing--that they agree the car was driven by the person who had the policy; that it was paid as of date of crash; that it is a coverable event; that they are chosing not to cover it. Then send them a confirming letter. Then go to the office of consumer affairs of the insurance commissioner.

If they claim they can't do anything then raise heck with your state legislators. You want them to smack down insurance companies! But on the towing need to think fast as its' running like the meter from heck.

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