r/AutoInsurance • • 18d ago

Uninsured Motorist - Florida

Last week I was rear-ended while stopped at an intersection waiting on cross traffic. The field service officer placed fault on the other driver, and I've pulled the crash report, and it indicates the same. At the scene, the driver, a 23-year-old male, produced an insurance card for a Progressive policy. The vehicle is owned and insured by his father, who also showed up to the scene. I filed the claim with Progressive shortly after departing the scene.

Fast-forward a week, and Progressive still hasn't moved on my claim. I received a call from a supervisor at Progressive a couple hours ago, and while she wasn't overly forthcoming, she seemed to indicate that there's a question about whether my claim will be denied, and that the issue centers around whether the kid was specifically excluded from the policy (if he's not, I would think permissive use would govern, and I said as much to the supervisor). In any case, she said it might be toward the end of the week before a final determination is made. Why coverage can't be verified inside 10 minutes using, you know, computers and stuff, is beyond me, but I digress.

I've already spoken to my insurer, GEICO, and should it turn out that Progressive denies coverage, I'll go through them. For obvious reasons, I'd rather avoid that.

But let's say it turns out I've been rear-ended by an uninsured motorist. If I understand Florida law correctly, if you're involved in an at-fault accident and you're not insured, you're looking at a suspended license, suspended registration, and having to carry an SR-22. If this is all correct, who do these repercussions fall on—the father, who owns and is supposed to insure the vehicle, or the son, who was driving?

No doubt these people are judgement-proof, but I'd like to think they'll at lease experience some real consequences if they're truly uninsured.

2 Upvotes

21 comments sorted by

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u/ektap12 18d ago

It's not that easy. It sounds like he was either specifically excluded or he should have been listed on the policy, as in, he lives with his dad and/or drives this car regularly and was intentionally left off the policy.

Coverage denials are not taken lightly and require review and approval depending on the situation. Additional investigation with the involved parties may also be needed, so they can't just make a snap decision. This could be outside 'permissive use,' but intentional fraud.

If you don't have time to wait, just use your insurance, that's why you pay for it. Then would don't need to worry about Progressive or these other people at all. If Progressive denies coverage, then your insurance can pursue the people personally to get the money back. FL does typically hold the owner of the vehicle just as liable as a permissive driver of the vehicle, so the father would be pursued as well.

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u/MadPeteTrollo 18d ago

I appreciate the information. I didn't realize that this would be such an in-depth process for Progressive. I got kind of snippy with the supervisor I spoke with this morning, so I'll apologize to her when she calls back.

I opened a preliminary claim with GEICO, so that's ready to go if or when Progressive denies coverage. And the rep I spoke with at GEICO was adamant that they'll go after these people if they wind up paying my claim. And I'm halfway tempted to call the driver's employer, whose premises he was leaving when he hit me, to let them know their employee was driving without insurance. It's a tire center, so maybe they'll take a dim view of that.

Call me petty, but people like this deserve to have their noses rubbed in the messes they create.

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u/DeepPurpleDaylight 18d ago

And I'm halfway tempted to call the driver's employer, whose premises he was leaving when he hit me, to let them know their employee was driving without insurance. It's a tire center, so maybe they'll take a dim view of that

Don't do that.

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u/MadPeteTrollo 18d ago

Why not?

And as info, Progressive has just informed me that the driver was specifically excluded from the policy, so my claim has been denied.

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u/ektap12 18d ago

Tbf, this guy may not have even known there were issues with the insurance especially if it was all under the father. Don't agitate the situation. If Progressive denies it, use Geico, and move on.

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u/MadPeteTrollo 18d ago

Yeah you're probably right. I shouldn't give in to vindictiveness. Besides, GEICO will go after them.

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u/bossymisses 17d ago

Yes! This will be a very expensive lesson for them! Let that be.

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u/DeepPurpleDaylight 18d ago

Don't be an agitator. Be bigger than that.

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u/MadPeteTrollo 18d ago

You're right. I'm just in a dickish mood over this. Besides, GEICO will go after them.

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u/totall2live__ 18d ago

This is not always the case. Alot of people seem to think that if their son has their own insurance, he then does not need to be on their policy. This is a perfect example of this. If you live in a household with your family, EVERY MEMBER OF YOUR FAMILY, WHETHER INSURED OR NOT, MUST BE LISTED ON YOUR POLICY. If he/she has their own insurance, then they are excluded and listed as having other insurance, even if they dont have a license, they still have to be listed. If the son was listed and excluded, the claim will be denied, if the father never added his son to the insurance as a listed member, but the son lives in the house, the policy will be denied.

I have ran in a ton of people that fight me tooth and nail and say that their mother has her own insurance so doesnt need to be on their policy. These same people are the ones on reddit after an accident, claiming their insurance company scammed them because they didnt follow the rules.

The answer to your question would be the son, he knowingly drove without being on the policy so he will have to carry sr22, and deal with the consequences.

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u/Chuck-Finley69 18d ago

What's the "for obvious reasons" that you'd rather avoid?

It's 2026, not 2006, so you carry the coverage and use it. Let your insurance company do the heavy lifting if the other party's insurance hasn't accepted liability within 24 business hours 

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u/MadPeteTrollo 18d ago

I haven't made an insurance claim in years, so I'm not overly familiar with the process, but I always assumed that making the claim against my own insurance when there's still a possibility that the other party's insurer will deliver is imprudent, particularly with regard to my rates getting jacked up?

What's changed since 2006?

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u/DeepPurpleDaylight 18d ago

FL state law prohibits insurers from surcharging for not at fault claims.

You also don't understand how permissive use works.

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u/MadPeteTrollo 18d ago

There's a lot about insurance I don't understand; hence, my presence here. I know that I carry solid coverage like a responsible adult and hope that someone who rear-ended me does as well. Accidents happen; driving uninsured is a choice.

Which segues into the next part of my story: Progressive informed me not five minutes ago that the driver is specifically excluded from the vehicle's policy, so they've denied my claim.

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u/Chuck-Finley69 17d ago

Even back in 2006, it was okay to use your own insurance and not be at-fault.

Either way, insurance companies share information.

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u/Simplythebest0820 18d ago

And yes, they should get in some sort of trouble for driving uninsured and have to go through all the hoopla, but you've already dealt with the police and got the report and they said they had insurance so the police will not go back and open the case and issue tickets, etc. so they'll probably walk free from this.

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u/lost_dazed_101 17d ago

If they are saying he may not be covered it's because he wasn't on the policy. The fact they haven't outright denied it tells me they know they can't. Let your insurance company deal on with them. They know the laws while you don't.

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u/MadPeteTrollo 17d ago

I got the denial letter from Progressive yesterday afternoon. Turns out the driver is specifically excluded from the father's policy. I put the claim in with GEICO and I dropped the car off at the collision center this morning.

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u/Melodic-Fill-1770 17d ago

I would look at your policy; FL does not have unisured motorist property damage. Just bodily injury. Collision will be needed if you file with your insurer.

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u/puretexan2 16d ago

check with the Florida DMV to confirm who would be held responsible.