Excess to the Claim?

[ponch]

"Excess to the Claim"

Situation: Other driver "cut me off" --- I ran into him. PD cited him for "failing to yield". Other driver was test driving a vehicle from dealers lot. He had his own personal insurance. I filed a claim against dealership insurance. I was told his own insurance was the primary insurance. His own insurance told me the dealerships insurance was the primary insurance ---That because there is coverage with another policy the insurance(s) would be excess to the claim. There are medical bills and I believe my car is totaled. I submitted identical demand for payment to each of the two insurances; one in September, the other in late November. Insurance companies will not take the leap and I am left holding the bag since the accident on 5-24-2014. I have liability only so my own insurance company is not involved. What is left for me besides grin and bear it!
Appreciate any help.

 

[ponch]

Situation: I was "cut-off" and rear-ended other vehicle. PD cited him for "failing to yield". He was driving vehicle from a dealer's lot. I filed a claim with dealerships insurance. They told me he had his own insurance and told me his was the primary insurance. I filed claim with his insurance and they told me the dealerships insurance was primary. They each say that because there is other insurance that they would be "excess to the claim". I submitted identical demand for payment packets to each of the insurance companies. No one will step up. What to do besides "grin and bear it"! Any suggestions will be greatly appreciated.

 

[gogostar]

really troublesome situation. hopefully cut-off status will end as soon as possible.

 

[linwoodforest]

Have you considered using your own insurance carrier and let them battle it out between the 3 of them? Less headache, just got to pay the deductible first.

 

[goillini52]

Re: "Excess to the Claim"

Situation: Other driver "cut me off" --- I ran into him. PD cited him for "failing to yield". Other driver was test driving a vehicle from dealers lot. He had his own personal insurance. I filed a claim against dealership insurance. I was told his own insurance was the primary insurance. His own insurance told me the dealerships insurance was the primary insurance ---That because there is coverage with another policy the insurance(s) would be excess to the claim. There are medical bills and I believe my car is totaled. I submitted identical demand for payment to each of the two insurances; one in September, the other in late November. Insurance companies will not take the leap and I am left holding the bag since the accident on 5-24-2014. I have liability only so my own insurance company is not involved. What is left for me besides grin and bear it!
Appreciate any help.

Have you asked your agent for help/advice?

 

[ponch]

Thks linwoodforest, I called my insurance and. because I only carry liability, they said they would not get involved.

 

[indienoise]

I know it may vary by state, but in the spring we had a customer test drive a vehicle and get involved in an accident. He reported it to his insurance as well, but our garage liability paid the other driver's claim.

South carolina is a state where insurance is considered "personal and portable" by the courts, but we still had this outcome. If your state sees insurance as being attached to the car rather than the driver, then all the more reason to have the dealerships insurance pay the claim. Especially since it was not registered to the driver at the time.