West Virginia uninsured motorist policies require the policyholder to report the accident to the police within 24 hours. But that wasn’t enough to negate a claim, the West Virginia Supreme Court ruled this week.
The policy provided by National Auto Insurance Company of West Virginia for Danny and Jackie Dobbins also stated that the insurance company had no obligation to provide coverage if failure to report the incident “would be detrimental to us,” the court explained in overturning a lower appeals court’s ruling in the case.
The couple did report the accident to their insurance company within four days, and West Virginia State Hospital began investigating the claim.
“…We conclude that, consistent with the clear and unambiguous language of the subject policy, West Virginia National must demonstrate that its investigative interests were harmed by petitioner’s failure to report the accident to a police, peace or judicial officer within twenty-four hours,” the high court wrote in its statement. Opinion on May 21.
The judges said the airline had failed to prove any bias was caused by a delay in reporting it to authorities.
The Dobbins said their pickup truck was hit by another truck that left the scene. Because the 2018 accident occurred on a Friday afternoon and the following Monday was a statutory holiday, they delayed reporting the incident to the police. The couple also suffers from dyslexia, which hinders their understanding of car policy requirements.
Car insurance companies are quick to deny claims from uninsured motorists on the grounds that the policyholder failed to report the crime to the police within 24 hours as per the policy wording.
The court opinion, written by Judge Charles Trump, noted that previous court rulings have established that failure to notify authorities does not automatically bar UM coverage. In this case, the auto policy also expressly states that the insurance company must prove that late reporting was detrimental to the carrier.
“We hold that these provisions are clear and unambiguous,” the court held. “Under the policy itself, West Virginia National Bank must prove that the company suffered harm as a result of petitioner’s failure to report the incident to police within twenty-four hours.”
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