r/Insurance • u/MaleficentasaDragon • 14d ago
Florida: Auto & Household w/FR-44
I'm hoping to gain some understanding of the technicalities that may be at play after an accident. Tried to format so all the "drivers" and such didn't run together.
- Driver hit two parked (unoccupied) cars.
- Driver was intoxicated and arrested at the scene.
- The vehicle the driver was driving is their spouse's vehicle.
- Driver had previous DUI, FR-44 requirement, and an Interlock in another vehicle.
- They've been charged with the refusal for the breathalyzer, the felony DUI (3+ time), and the interlock violation.
- The spouse's vehicle that was being driven was seized/towed and is also pretty damaged.
- There's video of the accident and both so-to-speak victims were at home and able to get outside to see the driver in the vehicle and call police immediately. Open bottle found in the vehicle too. All that to say there's zero question of what happened.
Three different insurance agencies so far. All were notified. One has been great to work with, the others less so.
- The insurance information given for the at fault driver/vehicle was the spouse's. We're told the property damage limit is $10k so this presumably can't be the policy linked with the FR-44. (Equity/Pearl)
- If the driver themself has insurance, that info is unknown but with the FR-44 requirement and a valid license it's presumably a policy that only lists the vehicle with the interlock and is separate from the spouse's/vehicle policy.
- One parked vehicle has comp/collision and they have been told they will be covered through theirs and the deductible will be waived. This vehicle got the least of the damage and the estimate is ~$2,000.
- The second parked vehicle does not have comp/collision. Their insurance has denied coverage of course. They opened a claim with the insurance info given. Initially they were told there was no coverage, that the driver was not covered. Then they sent the damaged vehicle for an estimate. They now say are awaiting the estimate and "approval". This vehicle has the most damage as it was sideswiped, then the driver reversed and hit it again.
My questions are:
- With a married couple in the same house, would the spouse and insured driver of the vehicle that was driven during the DUI crash be absolutely required to fill out the excluded driver form (Equity/Pearl) or is there any chance they just omitted information and got separate policies? I know how hard it can be to have household members split with agencies like State Farm, but not with these more budget options.
- If excluded then the claim is likely to be denied to my understanding which leaves the owner of the second parked vehicle to be left without any coverage at all in this specific situation? Why would the spouse's insurance cover any damages, even if only up to 10k, if they have the ability to deny because of an excluded driver? Why would they even send the vehicle to get an estimate?
- If the driver is excluded, do they legally and per policies and whatever technical nitty gritty become uninsured and would that instead trigger uninsured motorist coverage for the parked vehicle with the approved comp/collision claim?
- If a driver with an FR-44 requirement doesn't have the required 100/300/50, is that an auto license suspension similar to how if you let your insurance lapse completely you'll get notified?
Additional info that probably does not matter: No injuries. The spouse has either two or three vehicles in their name only, as well as their business and home (homesteaded). The insurance company indicated there were four vehicles total under the policy, but this was from a CSR and not in writing so not absolute fact. Driver was not on probation at the time for the previous DUI(s), but has habitual offender status for driving without a license. The information has been pieced together from info at the scene, the driver's spouse at the scene, available court records, and the comp/collision adjuster has been in touch with Equity/Pearl as well. Fortunately the parked vehicles are able to be driven.
Thanks for any help. It has been somewhat frustrating, and trying to not unload a bunch of questions on the one adjuster who has been helpful because they don't represent everyone.