Remedies for Tree Falling on My Car

[scochran]

My question involves a traffic accident in the State of: WV
Ok a tree limb, and by limb I mean probably 12 inches in diameter, fell on my car while it was parked in my mothers driveway. I have a loan on this vehicles which means, according to the bank, that I have to have both comprehensive and collision. I signed up for my auto insurance on the internet and made a mistake obviously with everything BUT comprehensive. My bank is saying its illegal to have this insurance, but my question is: Is it legal for them to provide me insurance that is illegal for me to carry?

Second, is my mothers home owners insurance at all liable for this?

[jk]

but my question is: Is it legal for them to provide me insurance that is illegal for me to carry?

what specifically is supposedly illegal. I'm not really understanding the situation with your car insurance.

do you live with your mother? If not, was the tree visibly dead or such so one would realize this branch may drop?

[Mr. Knowitall]

I suspect what he means is that the bank told him that he was required by his loan contract to obtain and maintain comprehensive coverage on his vehicle.

(a) A "motor vehicle liability policy" as said term is used in this chapter means an "owner's policy" or an "operator's policy" of liability insurance certified as provided in section ten or section eleven of this article as proof of financial responsibility, and issued, except as otherwise provided in section eleven, by an insurance carrier duly authorized to transact business in this state, to or for the benefit of the person named therein as insured.

(b) Such owner's policy of liability insurance:

(1) Shall designate by explicit description or by appropriate reference all vehicles with respect to which coverage is thereby to be granted; and

(2) Shall insure the person named therein and any other person, as insured, using any such vehicle or vehicles with the express or implied permission of such named insured, against loss from the liability imposed by law for damages arising out of the ownership, operation, maintenance or use of such vehicle or vehicles within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs, with respect to each such vehicle, as follows: Twenty thousand dollars because of bodily injury to or death of one person in any one accident and, subject to said limit for one person, forty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and ten thousand dollars because of injury to or destruction of property of others in any one accident.

(c) Such operator's policy of liability insurance shall insure the person named as insured therein against loss from the liability imposed upon him by law for damages arising out of the use by him of any motor vehicle not owned by him, within the same territorial limits and subject to the same limits of liability as are set forth above with respect to an owner's policy of liability insurance.

(d) Such motor vehicle liability policy shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period, and the limits of liability, and shall contain an agreement or be endorsed that insurance is provided thereunder in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this chapter.

(e) Such motor vehicle liability policy need not insure any liability under any workers' compensation law nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance or repair of any such vehicle nor any liability for damage to property owned by, rented to, in charge of or transported by the insured.

(f) Every motor vehicle liability policy shall be subject to the following provisions which need not be contained therein:

(1) The liability of the insurance carrier with respect to the insurance required by this chapter shall become absolute whenever injury or damage covered by said motor vehicle liability policy occurs; said policy may not be canceled or annulled as to such liability by an agreement between the insurance carrier and the insured after the occurrence of the injury or damage; no statement made by the insured or on his behalf and no violation of said policy shall defeat or void said policy.

(2) The satisfaction by the insured of a judgment for such injury or damage shall not be a condition precedent to the right or duty of the insurance carrier to make payment on account of such injury or damage.

(3) The insurance carrier shall have the right to settle any claim covered by the policy, and if such settlement is made in good faith, the amount thereof shall be deductible from the limits of liability specified in subdivision (2), subsection (b) of this section.

(4) The policy, the written application therefor, if any, andany rider or endorsement which does not conflict with the provisions of this chapter shall constitute the entire contract between parties.

(g) Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy and such excess or additional coverage shall not be subject to the provisions of this chapter. With respect to a policy which grants such excess or additional coverage, the term "motor vehicle liability policy" applies only to that part of the coverage which is required by this section.

(h) Any motor vehicle liability policy may provide that the insured shall reimburse the insurance carrier for any payment the insurance carrier would not have been obligated to make under the terms of the policy except for the provisions of this chapter.

(i) Any motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance.

(j) The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carriers which policies together meet such requirements.

(k) Any binder issued pending the issuance of a motor vehicle policy shall be deemed to fulfill the requirements for such a policy.

[scochran]

Yes that is what I mean. I understand that I am the one who made the mistake by getting my insurance online without fully understanding what my policy meant.

But, are they not somewhat responsible for making sure the policy is in accordance with the law and my leinholder since they have my lein on file? As my agent isn't that in some part their duty to make sure their customers policies are correct.

And yes I live with my mother and I don't know the tree has needed to come down for years.

[Mr. Knowitall]

They should provide you with a policy that provides the minimum legal coverage required by law, but by all appearances they did so. If you tell them, "Oh yeah - my contract with my lender requires that I carry both collision and comprehensive coverage of at least $X in addition to the minimum coverage required by law," they'll add that to your policy - but they're insurance agents, not psychics, so you have to tell them.

Most insurance agents will be clued in that you likely at least need collision coverage if you tell them that you have a car loan and that the lender needs to be a beneficiary on the policy for the car at issue.