by Guest » Wed Aug 03, 2011 02:41 pm
A friend of mine, J, left his car parked on the street (in Minnesota) and a probable-drunk driver came around the corner at a high speed and slammed into the back of the car, pushing it 30 feet and totaling it. J has since found out that this driver admitted to drinking before the accident, was driving on a suspended license, and driving a car borrowed from his mother. The driver claimed that his mom has insurance but has not filed any proof of insurance yet (he's pretty seriously injured & in the hospital).
What I'm wondering is if there is insurance on this vehicle, if there's any chance that the insurance policy will cover a person who was driving with a suspended license and under the influence. J's car was insured for liability only, so that insurance will not cover losses from a collision. It's going to be a long road to getting J back to having his own transportation regardless, but a liable insurance company would likely mean not having to file a civil lawsuit.
Thanks for your help on this.
What I'm wondering is if there is insurance on this vehicle, if there's any chance that the insurance policy will cover a person who was driving with a suspended license and under the influence. J's car was insured for liability only, so that insurance will not cover losses from a collision. It's going to be a long road to getting J back to having his own transportation regardless, but a liable insurance company would likely mean not having to file a civil lawsuit.
Thanks for your help on this.
Posted: Wed Aug 03, 2011 05:23 pm Post Subject:
Its a roll of the dice and the odds are not in J's favor. Keep in mind, which the driver might not be considered an insured under the owners policy, the owner should be. The owner was not driving drunk (which the policy almost always covers) or driving without a valid license. The problem is if the insurance company was told about this driver. Perhaps not, as they would have run his DL and seen it suspended. However, it's possible it was suspended after he was added to the policy. If he's not on the policy then there is an issue as to if the owner was required to tell her carrier about the people living in her household. Yup... a lot of coverage issues and it may not be covered. Once the police obtain the info, you should report the claim to their carrier to see if any coverage.
Regardless of insurance, J still has an action against the driver and probably the owner of the other car. J could file a suit and obtain a judgement. If the other carrier does not provide coverage I'd also recommend finding out what dept of your state addresses Financial Responsibly. Inform them of no insurance to see if they will revoke the owners DL until Js loss is paid.
Posted: Wed Aug 03, 2011 05:52 pm Post Subject:
Thanks for your quick response - one thing I forgot to mention is that the driver of the vehicle didn't live with his mom. I'm pretty certain that he would not have been listed on his mother's policy, but he apparently had permission to drive the vehicle.
Posted: Wed Aug 03, 2011 06:45 pm Post Subject:
That is a plus in Js favor. Insurance company may only have an issue with the son having constent access to the vehicle but that would probably not be an issue. Insurance is all about collecting the right premium for the right risk.
If they try to deny coverage, let us know why.
Posted: Thu Aug 04, 2011 11:34 pm Post Subject:
It's the driving on a suspended license that could be an issue under the contract. Customary language often includes the words "licensed driver". While it is suspended, the Driver License technically does not exist. This escape mechanism is similar to that related to theft.
Posted: Fri Aug 05, 2011 03:47 am Post Subject:
Well, I guess we'll never know what the insurance company *would* have done - the guy was driving his mother's car all right, but he failed to inform the police that it was his *deceased* mother's car, on which she was most certainly not still paying the insurance. (It has been more than 6 months since she passed, so the policy that she had paid most recently couldn't still be in effect) On to the civil suit. Thanks for your advice, folks, it was really helpful.
Posted: Fri Aug 05, 2011 05:24 am Post Subject:
Give the guy a swift kick in the nads for me!
Posted: Fri Aug 05, 2011 01:24 pm Post Subject:
Life is a bowl of cherries. Only this time it's the pits.
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