Legal Question in Insurance Law in Indiana

Question: I have an auto insurance plan which the operators are listed as Me, My husband and Son. When my husband went to work for a company, they checked his credit, made sure he had an active drivers license and a legal US citizen. Around 3 months into the job one of the maintenance supervisors came and asked if he could go to the home repair stores to pick up a refridgerator and a couple other items. The company truck was in use at the time and the maintenace supervisor insisted he needed my husbands truck. My husband felt obligated because the supervisor insisted, along with the property manager. He said to go to the store (5 min) away and come right back. 2 1/2 hrs later he got a message from the property manager that the maintenance supervisor had attached the companies trailer to my husbands truck, and had loaded a number of refrigerators and items onto the trailer but had not tied the items down. One of the refridgerators fell off the trailer, while traveling on the hwy, and a semi truck hit it, and the front corner of the headlight and cab needed repaired. My husband was told by the property manager, not to worry because the companies insurance was required to cover everything and all employees, and our insurance was not going to be affected. I, the policy holder, was told by my husband about the accident and I was ANGRY that someone else used the vehicle which was covered by my insurance. 2 weeks later MY insurance contacted me to say they were ready to pay a claim on an accident. I quickly called them and stated I did not want it paid because I never authorized another driver nor company use. The insurance company had to contact the companies insurance company who ended up negotiating that they paid out 90% and my insurance 10%.... In the state of Indiana a company MUST carry insurance and cover ALL vehicles and employees in ANY accident. I also found out that the maintenance supervisor had a suspended license that the company knew, but never told my husband when he was told to give his keys to this man!... Now, many months later I am informed that my insurance company plans not to renew my license due to an unauthorized user and commercial use... This policy was mine and I feel that this company has abused me and my rights NOT asking me to use a vehicle I WAS supporting... PLUS this company also let my husband go around 1 month after this issue, but the uninsured worker is still operating company vehicles and working on site... PLEASE... do I have any recourse which can be taken against this company... They keep lying.. They had promised my husband an apartment in an employment contract, and per their employee handbook if this was not provided they owed him a higher pay.. NEITHER was EVER honored.. Then they never told my husband that man had NO License.. PLEASE help and advise me... Thank you.. I AM the Injured party and will be paying more and I NEVER worked for this company!! Due to my husbands unemployment and jobloss I am losing my home and insurance on the same day in Feb.... I work 10 hrs nightly and feel I WAS taken advantage of......HELP.. PLease and thank you!!!


Asked on 12/19/11, 6:49 am

1 Answer from Attorneys

terrence rubino rubino ruman crosmer smith and sersic

first, take a deep breath and focus on all of the positive things in your life. if you made a list of the good and the bad i suspect the good list would be much bigger than the bad. with that being said, you do not have a claim vs your husband's ex-employer for its use of the pickup. your husband gave them permission to use it and that's the end of that - by the way, i would have done the same as your husband spo don't be mad at him. re your insurance carrier, there are probably plenty of insurance carriers that want your buisness assuming you pay your premiums and don't have a lot of at fault claims. in getting your new insurance, i recommend ( as i do myself and every other lawyer in our firm) have a 1k deduductible on your collision and comprehensive coverage - assuming you buy those coverages it will save you money. buy as much liability and uninsured/underinsured coverage as you can afford. re your husband's termination, if he had a contract of employment or was fired because of some constituionally protected area like race, age, sex, religion, etc or retaliation for exercising a constituional right then he may want to look into that. good luck and health. have a blessed and merry christmas!

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Answered on 12/19/11, 7:39 am


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