Claim denied because too much weight

by Concerned
(California)

I rented a moving van and accidentally backed into my neighbors new BMW. My insurance company is denying my claim stating that it is a box truck over the weight limit and therefor not covered under my policy.

What can I do? If my neighbors insurance files a lawsuit against me is my insurance liable?

What happens if I end up not paying the other insurance company?


Answer:

Hello Concerned,

Most vehicle policies have weight restrictions on them (i.e. 10,000 pounds or 15,000 pounds). This type of scenario does not happen often, but when it does, it is hard (if possible at all) to get around it.

You can request the policy and see exactly what kind of weight are you talking about, you might be under. Who knows.

You should also look at where the exclusion is at. Is it there to exclude coverage to the van (under the collision portion), or is it also under the liability coverage? There might be coverage for your liability, which could shield you from your neighbor's rage....

To answer your specific questions:

If my neighbors insurance files a lawsuit against me is my insurance liable?

Your insurance company is only liable if the exclusion does apply to the liability portion of the policy.

If it does not, you might have to pay for the damage to the Van and to the BMW.

What happens if I end up not paying the other insurance company?

If the other insurance company pays, they can come after you for the damages they paid. Your neighbor might be also be able to come after you for her deductible.

Good Luck
Click here to post comments

Join in and write your own page! It's easy to do. How? Simply click here to return to Got Questions?.

Please see more answers to recent personal injury and auto accident questions below: