What is the solution to our wrecked vehicle and insurance not paying?

Question:
Have you heard of newspaper carriers having to carry commercial or extra insurance on their car?
Well we hadn't, my son drives a 60 mile route throwing 100 to 150 plus rack papers every day and the day he drove the good car (2004 Blazer that we owe $10,000 on) fell asleep and wrecked on a gravel road (well the ditch actually) and the vehicle has around $9,000 worth of damage. Before the adjuster came to look, they denied our claim. I know stupidity isn't a defense but neither the newspaper nor the local ins. co. told us that we needed extra coverage. How can a rinky dink paper rt. support commercial ins. on a couple of vehicles? We have been almost afraid to even drive our liability vehicles on it now. Progressive may be worse or pickier than other insurance companies? - I just don't know what to do, the banker says sue. Or we could get a loan to fix the vehicle & owe $19,000 on an $11,000 vehicle or just tow it ito our yard & let it set.

Answers:

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I can't see needing a full commercial policy, but there is probably a designation that covers newspapers, pizza, chinese food, and other part-time delivery occupations. Newspaper (pizza, food, etc) delivery persons in Manitoba register and insure passenger vehicles as "common carrier local", which is about 10% higher premiums than regular all-purpose. Good luck.

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If you insurance policy has a commercial use clause you may be out of luck. I would talk to a good lawyer to see if you have a case or not.

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Sorry for the loss. In UK we have similar 'small print' saying that vehicle cannot be used for hire or reward and not many people realise that either.bet you know now though.

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I know for a fact that Progressive will not cover any delivery (newspapers, pizza, etc) on their personal auto policy, it must be on their commercial policy. Unfortunately, that is the way it is with them. One of the questions on a Progressive application is "Is any vehicle used for delivery (pizza, newspaper, magazines, persons for a fee, etc)" and if the answer is yes, they will not write the policy on a personal auto policy. I am assuming you forgot you answered the question?? And yes, they can deny coverage based on this. This is because if they had known about the newspaper delivery, they wouldn't have written the policy you have. If you were with another carrier, they may have rated it "business" use & kept it on a personal auto policy, but you would have had to call - I don't know that they would have liked it, but I don't think another company would have denied coverage. Have you gotten quotes for commercial insurance with Progressive? Sometimes it is the same or cheaper than the personal insurance, you may be surprised.

I had a car accident ?


---Progressive has had applications for at least 12 years (since I have been writing for them). If you bought the policy through an agent an application, signed by you (or your spouse) would have been required & Progressive audits files so if there was not one on file, the agent would be in trouble. These applications must be kept in possession of your agent for at least 7 years (we keep cancelled policy applications for 7 years and current policy applications for as long as the policy is in force over 7 yrs). Your agent should have also given you a copy of the application because 6 yrs ago he or she signed that they did. Also, if you have an agent, they need to ask you a few things 1 - who is the vehicle registered to? 2- what is the coverage that you want on the vehicle? and 3 - what is the use of the vehicle. If they asked you & you told them pleasure or drive to work but it was used for the paper route, then Progressive can still deny coverage based on what you told the agent was the use of the vehicle. If you told your agent for a paper route, it is the obligation of your agent to tell you that would be unacceptable & tell you how to cover the vehicle properly. Good agents keep records of all this & records of every phone call in & out of the office (by writing in the computer on a date & time stamped page that can't be altered). I can almost guaranty you due to the use of this vehicle, they will nonrenew your policy. If pushed to cover this loss, they MAY take you to court to declare this policy null & void due to misrepresentation (I had to go to a court case on this so I know they are not afraid to do it - not even my own insured - the person had left me yrs before) & still not cover it.
If you purchased the policy over the phone or the internet, I do not know the application signature requirements.

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Time to seek legal counsel!

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Using a personal vehicle in a commercial "for hire" situation can lead to a denied claim. That provision is in most personal auto policies and has been around forever.

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In my experience that "exclusion" is normally applied to liability damages. I don't recall it being used as much for an exclusion for not paying collision damages.

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I would suggest that if you haven't already received it that you ask your company for a written denial including a copy of the policy page where the exclusion they are using comes from. Once you have that then compare that to your copy of the policy.

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Review your policy and locate the section that covers your own vehicle (not the liability section) and read it carefully. There is a small chance that they are applying the exclusion incorrectly. The main reason that the "for hire" exclusion was put into policies was to reduce the risk of the company paying 3rd party liability claims. (your claim is a 1st party physical damage claim)

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You're in a tough spot but make sure you check this out completely before excepting the denial. Good Luck.

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Oh lord... the classic blaming the company because of your mistake. i know for a FACT that before you can sign any policy with progressive they ask if yoru vehicle is used for business purposes- did you forget to mention the fact? Im sorry that you were naive and didnt know how insurance works but maybe instead of blaming the company you should have asked an agent when your son got a paper routh how this would affect his insurance.. the information is there if you ask... if you simply "assume".. well.. you end up in sitautions like this. I hope you learned a lesson.

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I have a progressive policy on my desk so I looked it up. It states in the policy in bold letters. EXCLUSIONS read the following carefully. If an exclusion applies, coverage will not be afforded under this part1

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Coverage, including our duty to dedend, do es not apply to bodily injury or property damage arising out of the ownership, maintenance or use of a vehicle or trailer while being used to carry persons or property for compensation or a fee, including but not limited to, delivery of magazines, newspapers, food, or any other products.

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All Progressive applications ask the question if you use the vehicle for delivery purposes, you have to check yes or no and then initial next to the question. Progressive, unfortunately would not pay your claim. Other companies if they know you are using a vehicle for delivery purposes will also deny the claim.
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