Collision Coverage – If Hit by a Stolen Vehicle

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I read an interesting article in the recent MassAgent newsletter from the Massachusetts Association of Insurance Agents:

Question of the Week

Collision Coverage – If Hit by a Stolen Vehicle

Question: We had a prospect come into our office to insure his car. He said recently his car was hit while parked by a car that was stolen and involved in a police chase. He has collision, but when he made his claim through GEICO (former carrier), he was told it was not covered as it was a stolen car and a police chase. Now, I know that GEICO would probably have no one to subrogate against, but I believe as long as he paid a premium to have collision coverage, it should be covered less the deductible. I’ve been an agent for many years, but am I missing a caveat that denies coverage in this circumstance? If so, it’s a new one. Thanks.

Answer

Kathy Cormier: If your customer has first-party coverage (collision), they should be able to collect from their policy. I looked at GEICO’s policy, and they have a modified version of the MAP 2008:  https://massagent.com/wp-content/uploads/2023/01/gecc129849942.pdf. There was nothing that I saw saying they couldn’t collect under collision if damaged by a stolen vehicle. I’m including Irene Morrill, VP of Technical Affairs.

Irene Morrill: And that’s why people shouldn’t be insured with GEICO…they have no one to fight for them. I didn’t see any exclusion for “hit by a stolen vehicle” in the GEICO policy.

The person whose car was stolen is not legally responsible for the actions of the stolen vehicle – if the thief was caught…then the thief would be legally responsible for the damages, but if one buys Part 7 -it doesn’t matter.

I’d tell the client to make an insurance complaint…and say to the company that they are doing so…with the MA DOI – perhaps that will make the company decide to pay.

Filing an Insurance Complaint in Massachusetts


*This document is not a legal opinion and should not be relied upon as such. This document intends to provide a general background regarding the topic or topics discussed, not to provide legal advice. Producers and agencies should consult an attorney regarding specific situations and questions concerning the topic or topics covered in this document. Neither the Massachusetts Association of Insurance Agents, Number One Insurance Agency, nor any of its employees shall be responsible for any errors or omissions regarding any statements made in this document, nor any errors or omissions regarding any statutes, regulations, court rules, and/or any other government documents cited in this document.

Ma Auto Insurance & the little, green lizard

Never in the history of the Massachusetts Professional, Independent Insurance Agent community, have five letters been so feared.

Not, “t-h-e-f-t.”

Not, “f-r-a-u-d.”

And no, not, “c-l-a-i-m.”

I am talking about “G-E-I-C-O.”

Not since my childhood Godzilla days, have I been so scared of a lizard.

For years they have advertised in our proud, Commonwealth and for years I have smugly told customers, “GEICO? They don’t even write insurance in Massachusetts!”

Nationally they don’t use Independent Agents, either.

They use call centers and service centers and they don’t write home insurance.

When you work with an Independent, Professional Insurance Agent you are working with someone who who has your best interest in mind. You are working with someone who will shop your insurance with many different companies to get you the best rate. You are working with someone who is your advocate at claim time. Who, at GEICO, works as your advocate? Who, at GEICO, sells multi-lines of insurance and shops your insurances with many different companies?

Like the chilly winds of our Massachusetts’ autums, it seems inevitable that GEICO is coming. When? I don’t know. 2009? 2010 at the latest, is my guess.

For now, it is up to the Independent Insurance Agent, to get the best rates for our clients, to package policies and to round accounts. It is time to save our clients money. It is time to advise and to advocate. It is time to demonstrate our value.