Legal Question in Insurance Law in North Carolina

My husband was towing my sons truck on a auto trailer. the trailer fishtailed, flipped taking my sons truck and it upsidedown. We were told by the state trooper at the accident site and others that the towing vehicle (my husbands) should be liable (cover) the contents that it was towing (my sons truck). Now, my sons truck is owned by him alone - his name on the title. Although, my son is still sharing our auto insurance policy. Allstate is telling us that they will not cover it BECAUSE the vehicles share the same policy - even though they are owned by two separate individuals. help!

Asked on 12/24/16, 9:09 am

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

This is a fairly complex question that involves the terms of the policy (both provisions of coverage and exclusions) and the terms of a statute pertaining to liability insurance in North Carolina. At first blush, my impression is that the policy should cover the loss to the vehicle being transported, assuming that your husband was negligent in the operation of the towing vehicle. The insurance company will typically argue that in order to have coverage on your own vehicle (on the same policy), that you must have collision or comprehensive coverage; but it may be that the liability portion of the policy nevertheless covers this loss. You may need to consult with an attorney and provide him or her with more information and in particular the precise policy language relied upon by the insurer; the insurer will typically send a letter describing the precise reason for their denial, and that provides a good road map for evaluating their position.

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Answered on 12/25/16, 6:39 am

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