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KaptKaos KaptKaos is offline
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Join Date: Jun 2003
Location: Los Angeles, CA
Posts: 4,075
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Originally Posted by the View Post
What is interesting is that your own insurance company is apparently suggesting that you have coverage, under YOUR policy?

It would seem that if you are only carrying liability, and you know that the truck that hit you is insured, that you would NOT have coverage under your policy.

If any, I would guess it has to arise under the uninsured motorist coverage. Maybe because even though the truck has insurance, they aren't responding? I'd read your entire policy carefully for coverage, esp. the uninsured motorist part. You need to find out why your insurance company is suggesting you have coverage, find where in the policy that is coming from, and try to push it if it is there.

As to the truck, if their insurance is blowing you off, and your insurance is not going to cover you (i.e., pay for your loss and then go after the trucker themselves on a subrogation claim), you could always file a lawsuit against the trucker. He will tender the lawsuit to his insurance company, and they will pay attention to it. Claims go to one department (the Round File Department). Actual filed lawsuits go to another, and get paid attention to.

IF he has insurance, then yes, his coverage should pay. If not, my uninsured motorist should pay (I was not at fault). My company hasn't taken the steps to determine if the guy really has insurance. I am not an expert in that field and I can not make that determination, however, I have been waiting 40 days and that's long enough for them to have found out if he has insurance or not. So I am planning on sending my insurance a demand letter. I might send one to the guy that hit me too. After that, it's off to small claims.

What a friggen pain.
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Old 04-22-2008, 10:35 AM
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