QUESTION

Insurance claim

Asked on Jan 24th, 2014 on Insurance - Massachusetts
More details to this question:
I was pushed into a guard rail by a car changing lanes. Merging car fled scene and was unable to write down plate number. Witness stopped and indicated to police that the merging car caused accident and I was not at fault. Police report substantiates what the witness indicated. I called my Insurance company and since I do not carry collision they stated that I cannot collect under this claim. Do I have any recourse? Why isn't the insurance company liable since I was not at fault? Do I have any recourse?
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1 ANSWER

I am sorry to hear about your accident.  However, the insurance is only responsible if you paid for an insurance policy which would cover this incident.   It sounds like you have liability coverage only.  That means that you are only covered under your insurance company's policy if YOU are liable for an accident.  Thus, if you would have caused an accidie, then you would have coverage to protect the other driver.  Since you do not have collision coverage, it sounds like you are not covered.  If you have uninsured or underinsured coverage, then you should be covered.  Uninsured coverage applies in these exact situations - when you are involved in a car accident with a hit & run driver, a driver with no insurance or a driver with insurance less than yours.  In those instances, your uninsured coverage kicks in to protect you.   But what it sounds like to me is that you only have liability coverage - which is to protect the other person in the event you are liable for an accident, and not uninsured motorist coverage.  But to be safe, I'd ask your insurance company if you have any uninsured coverage.  And in the future, I would consider getting it if you do not. In my opinion, uninsured motorist coverage is the most important type of car insurance because it exists to protect you.  Best of luck. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response.
Answered on Jan 27th, 2014 at 4:36 PM

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