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Auto Insurance Companies Deny Claims Statewide

POSTED: 3:38 pm EDT May 7, 2008
UPDATED: 10:08 am EDT May 8, 2008

If you think your full coverage auto insurance policy will protect you, think again. After tragic accidents, families across our state are finding a gap in their coverage.

The Calhoun family knows all too well about that gap. In 2003, the happy family of five picked up their new car. However just days after the purchase, that happiness was replaced with grief because of a horrific car accident that changed their lives forever.

Full Coverage Doesn't Always Protect

Luke Calhoun was at the wheel when he turned into the path of an SUV.

"I didn't see anybody coming. I thought it was safe to go," Luke said.

Luke and Vicky Calhoun's three children took the worst of the impact. As Vicky painfully recalls, there was nothing she could do.

Vicky said, "it was the worst day of my life."

Their daughter Olivia was hurt badly, but 2-year-old Isabelle bore the brunt of the accident.

"I had to hold Bella's neck up so she could breathe," Vicky said.

Sadly, Isabelle died shortly after the accident.

On top of the tragedy, the medical bills began piling up. The Calhouns had bought a full-coverage auto insurance policy. It was the best type of coverage offered and they thought those medical bills would be paid by their auto insurance company.

The bills were not fully covered. The Calhouns received a letter from their insurer stating they would get just $5,000, the maximum medical coverage in the policy, but nothing more.

Hundreds of thousands of dollars that would have been once been paid under the "uninsured/underinsured" section of their policy were denied.

"It's something that's hard to recover from," Luke said.

In the letter, the insurance company wrote: "we do not provide liability coverage...for bodily injury to you or any family member." Furthermore, the car is not covered as an “uninsured motor vehicle."

Across Ohio, our 5 On Your Side investigation uncovered insurance companies denying claims for the same reasons. And it's all happening because of something called "intrafamily exclusion."

That means if the accident is your fault, your family is not fully covered.

Most of us know nothing about this, but if you have this type of accident, the results could be devastating.

So, who's to blame? You can thank Ohio's lawmakers for the gap. In 2001 they added the simple phrase "including, but not limited to..." to a section dealing with auto insurance exemptions. Attorneys say those five little words opened the door to deny coverage to family members.

Peter Traska, an attorney with Elk & Elk who specializes in appealing these types of cases said "very often, it's a family dealing with a catastrophic loss. And when they have an accident, it's too late."

So far the courts have backed the law, stating it's a contract issue. Insurance contracts are confusing so we rely on the agents to tell us what we're getting. But according to attorneys, insurance companies don't offer policies to cover "intrafamily exclusion."

For Luke and Vicky Calhoun the massive medical bills they owe because of the auto insurance gap have made dealing with the death of their child even worse.

Vicky said, "we made sure our children were protected. In truth, they never were protected."

To find out about some popular auto insurance myths and whether they are true, click here.




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