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Freethecrafts t1_j6lmfmj wrote

Reply to comment by Charred_Steak_Nubbs in Other person's car insurance may not cover my car repair, even though they backed into my parked car? by SereneFrost72

Never said insurance companies are required to force coverage. I said insurers are required to guarantee coverage for their policy holders. That’s the market requirement. To exist in the market, you have to be bonded and guarantee to cover fault.

I’m sure your idea of stipulating against regulation is going to work out well. Be sure to keep records on every denial, they’ll be necessary.

Sure, lots of vehicles without any insurance. And for that there’s hefty fines and possible jail time for people using public roads without following the laws. You keep trying to convolute drivers and the state where this discussion is on insurers and their regulators.

You’ve really sold me on the idea of felony charges for insurers who deny coverage for at fault claims based on some contract stipulation. The very idea that you could outright stipulate against the foundations of the system requirements is absurd. It’s good timing too.

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[deleted] t1_j6mmqwd wrote

You’re fundamentally wrong insurers are not required to guarantee coverage. Drivers are required to have coverage not the other way around. The insurance company has done nothing to stop the effected third party from collecting. The third party would file shit against the at fault driver. You as the driver is responsible to have the appropriate insurance. Not understanding this is such a cop out for any responsibility is mind blowing to me. Nothing is anyone’s fault right? Only person to blame the insurance company as usual. As I said earlier plenty of things wrong with insurance but you’re barking up the wrong tree. You have a very poor understanding of the law if you believe the insurance company is the one to “guarantee” coverage. You can actually check case studies on this it has been checked and checked again in the courts and you’re wrong every time

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Charred_Steak_Nubbs t1_j6lqx9l wrote

Maybe it’s different in your state as insurance regulations are made at the state level, but in my state it’s contract law. The state approves the policy for use and the insurer issues and binds the policies. The insurer and the insured both have to comply to the terms and the applicable policy language in the contract. The policy will outline the coverage and situations where coverage will not apply. As long as the insurer is operating within the parameters of the policy contract they can deny coverage if applicable. If the insured disagrees they can file a complaint with their state’s department of insurance, but as long as the insurer is operating within the language of the contract the denial’s likely stand.

This is how it works in my state (Oregon). There are no absolutes with coverage and it always comes down to the policy language in the contract which has been filed and approved with the state.

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