We got into a car accident on December 23rd. Another car hit us in a round about. Not our fault and the other driver got a ticket. We filed a claim and it is being denied because my two children, who are 3 months old and 1.5 years old, were not listed as household members. What can I do about this? They’re saying it’s for the personal injury protection, but no one was injured so that feels completely irrelevant. Can they really deny the whole claim just because the kids were in the car? It’s not like they’re of driving age, they’re literally babies. This will cost us at least $10,000 on my brand new van.
GEICO insurance not covering car accident because children were in the car
byu/HotVeterinarian7719 inInsurance
Posted by HotVeterinarian7719
32 Comments
State?
If you live in a state that, due to PIP guidelines, requires you to list all household members regardless of age and you failed to do so, then yes they can deny coverage because you didn’t uphold the requirements of the contract you signed.
They would only be denying the pip portion of the claim. Not the collision. Not sure they can do that either.
What have you actually received in writing from GEICO?
Michigan?
You’re required to provide information about ALL household members, regardless of age. Whether they’re injured or not is irrelevant. You’re contractually obligated to tell them about who is in your household, before an accident happens.
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The person that hit you should file the claim.
Lemme guess, Michigan? Because medical coverage applies to all household members regardless of age there you’re required to disclose them to your insurance. Not doing so is material misrepresentation because this not paying the appropriate premium. Might be a bit nit picky, especially with no injuries, but probably a legally valid reason for denial.
I am guessing OP is in Michigan.
Get a lawyer to handle the claim
Michigan is very strict, and you must list all household members due to PIP requirements. Many other carriers likely would have paid the claim and then required you to add your children to the policy going forward. I would get confirmation that they are denying collision coverage, not just PIP. Are they claiming material misrepresentation?
Michigan. This state has very specific guidelines others don’t have.
1. With this kind of accident, per the state of Michigan, you cannot file through the other party’s insurance company for your repairs-it would have to be through your policy.
2. It doesn’t matter that no one was injured. When you acquired the policy, you were supposed to disclose all members of your household regardless of age in order for it to be a valid contract. Since you didn’t, the contract is null/void. This is why they can deny Collision coverage.
Call your state congressman if you have an issue with it. The state sets these guidelines, the insurance company just needs to adhere to them.
I can’t speak to the insurance, but could you possibly sue the other driver for 7K in small claims court?
I’m guessing you are in MI?
I’m curious…the policy will not cover because you had your children in the car…but what if you and your friend were going somewhere and your children and hers were in the car…do they cover that accident?
Once you get the official denial you can try a Hail Mary and file a complaint with the state department of insurance. Geico didn’t inquire for additional household members at time of renewal and are using this as an excuse to not pay out on collision, perhaps on purpose.
It is in their interest to deny claims like this. They forgo a few dollars in premiums a month in exchange they can walk away from thousands of dollars in claims.
Demand that the insurance company refund the premiums you paid
This thread should be locked imo. Op got the information and doesn’t want to listen and has begun insulting people providing good, clear and concise information.
Try telling Geico you want your premiums back, and you never intentionally misrepresented your application, but if they are saying they aren’t covering you and never did, then you want your premiums back. That should cover a good chunk.
Your big problem here is that if you are now uninsured for the accident. The other driver/insurance owes you nothing under a MI’s ‘no pay, no play’ laws. You are completely barred from recovery against them.
Was the at fault driver not insured? Why are you filing a claim against your own insurance?
Did you use an agent to buy the policy or did you buy it online?
this is insane. anyone standing up for an insurer has been brainwashed by a needlessly complicated market system. never forget, when people hurt, we all hurt. edit: i understand it isn’t the insurer per say, but the insurer is benifiting here where Michigan law has been built to let insurers say “you signed it; you own it.”
If the other driver got the ticket, why are you filing the claim? Their insurance should be taking care of this.
Hire a lawyer and go after the party that hit you.
Contact your state’s department of insurance.
This is awesome. The guy lied and is whining because he got caught whining
This only means YOUR insurance won’t cover you. It does NOT mean you aren’t covered by the at-fault driver’s insurance. (I hope they are insured.)
That said, I’ve never heard of having to list minor children living in your household. I would check your state’s insurance commission to see if that is legal.
Gotta love how these insurance companies look out for their paying customers. Not sure how it works in your state but do you have the option to not go through Geico insurance and deal directly with the insurance company of the person that hit you? May be worth getting a lawyer
Call your state insurance commissioner and get clarification.
Surprised that even babies need to be listed as family members for insurance purposes. I just recently switched my car insurance but the agent only asked about the drivers and nothing about other family members.
I wonder if I should have stated who lives in my household. Or that doesn’t apply to Texas?
Why will this cost you $10k if the other driver is at fault? Won’t the other drivers insurance be the one paying out?