Kentucky Auto Insurance Companies – Is Your Personal Information Safe?
Reader’s Question:
I was contacted by an insurance carrier in Owensboro and they told me that they compared their car insurance rates to our insurance carrier and they said they offer better car insurance rates. They said they were looking at our insurance policy and said we could get a better deal with them. How is it possible that they have access to our auto insurance information?
Desiree
Owensboro, KY
Normally a competing insurance company is not permitted to have access to your current insurance policy. For marketing, typically an insurer will look at your current registered cars and try to rate it with that. Competing insurance carriers/agents can access general information about you like your age, where you live, tax status, etc., however they should not have access to your actual car insurance policy without your permission. They are in violation of insurance privacy regulations if they do.
Most likely the insurance carrier that called you was using a marketing strategy to get your business. As for comparing their car insurance rates with your insurance carriers rates overall, that is possible since some insurers do publish sample insurance rate quotes. For instance, you live in Owensboro Kentucky, here the Kentucky Department of Insurance (DOI) provides a consumer guide that lists insurance carriers authorized to sell auto/homeowners/renters insurance in KY and those insurers have provided rate comparisons for certain situations.
If you believe that the insurance company that contacted you truly did have a copy of your car insurance policy then you can have the KY DOI, the insurance regulator for the state, investigate the issue and you can file a formal complaint with this state agency.
Car Insurance Claim and Diminished Value Question
Reader’s Question:
I was found to be at-fault in an accident and the other driver filed a claim against my car insurance company for property damage. He quoted about $5,000 that he said he lost in diminished value. Is there such a thing as “diminished value” claim that is payable under my auto insurance policy?
Chelsea
Fayette, KY
If you just heard about a “diminished value” claim, it does exist. This claim is based on the idea that any car that has been in an accident, regardless of how well the repairs are done, is worth less than the exact same car that hasn’t been in an accident.
The physical damage section of an auto insurance policy does not usually cover claims for a car’s “diminished value” after an accident. It applies to direct and accidental damage only. By definition, direct damage is the actual physical damage done to the car, not a loss in value.
This is the reason why some courts began to question this approach and ruled that since diminution in value was not specifically excluded by the terms of the policy, it was covered.
However, a diminished value claim is a liability claim for property damage and cannot be judged in the same light as a physical damage claim. Under a liability claim, the insurer agrees to pay damages for property damage for which the insured is legally responsible because of an auto accident. If you’re legally liable for the damages of the claimant, then whatever the amount for which you’re liable for is the amount the policy will pay. Be aware that it still is subject to the limit of liability amounts.
It’s always advisable to contact your insurance agent in Fayette, KY or your insurance company directly to have a further discussion regarding the terms of your policy.
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