What to do about a denial of a claim be an insurance company?

UPDATED: Jul 19, 2011

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UPDATED: Jul 19, 2011Fact Checked

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What to do about a denial of a claim be an insurance company?

I was driving my girlfriend’s truck and had a wreck; she was with me. I was living with her but had a home in KY. I changed my drivers license to IN and her address 9 days before the accident. They turned us down because I wasn’t a listed driver living in the same house. Is there anything that we can do?

Asked on July 19, 2011 under Accident Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can sue. Insurers need to pay according to or as per the terms and conditions of their policies. If their policy required that drivers living in the same home as the insured be listed, they might be able to deny coverage, though you should also check to see if there is some "grace period" or amount of time you have before you need to be listed on the policy. Basically, as noted above, they need to pay as per the policy; if you believe they are not honoring their policy, you (or rather your girlfriend, since she is the policy holder) have the right to sue the insurer, to try to force them to honor their obligations. If she sues, either she and they will be able to settle it, or a court will determine who is right and who is wrong, and what if anything they must pay. Note there are attorneys who specialize in suring insurers who could help you. Good luck.

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