The insurance company on the car is now claiming they have a clause in their insurance policy that says, if the driver of the vehicle did not have legal permission, then their company is not responsible for the damages to my car.
What can I do, my car is messed up and someone is going to pay for it
2007-10-08 05:16:51 · 7 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
I only have collision coverage, so my insurance is not paying for my damages
2007-10-08 05:35:33 · update #1
The whole key to this is did the other driver have permission of the owner to use the car. If they did not, then whether they had a drivers license or not doesn't matter. If the driver did NOT have permission of the owner then the insurance company has a valid reason to deny your claim.
With that being said, I suggest the following if you have not already done so.
- Ask the other insurance company for whatever documentation they have that the driver did not have permission.
- Ask the police if a stolen vehicle report was filed by the car owner. If one was not filed then that will make your claim easier. Not a slam dunk, but easier anyway.
- If you have collision coverage use it. Let you company pay to repair your car. You will have to pay your deductible to the body shop, but your company will fight to get it back for you.
Good Luck.
2007-10-08 05:46:10 · answer #1 · answered by fighting saints 6 · 1⤊ 0⤋
First was the other driver arrested for operating without a license, and was the vehicle towed? In most cases your insurance will cover the damage and sue the other for recovery. This other driver has also opened up a civil action that can be pursued by you. Contact your insurance, and the police. You should be able to seek both punitive and compensatory damages against the other driver.
2007-10-08 12:23:36 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If the driver of the other car didn't have a license, then he would not be insured in the first place. If he was driving someone elses car, then the car is insured and either the insurance company or the owner of the car is liable to pay for your damages regardless if its your fault or not. If a driver who does not have a valid license is in an acident, it automatically becomes their fault. So what you have to do is speak to your insurance company and either they should take care of it or you would have to sue to get your damages covered.
2007-10-08 12:35:25 · answer #3 · answered by Akshay 2 · 0⤊ 1⤋
hiya:
You're talking 2 different issues
Permissive use is standard across the industry. Basically - it means that ANYONE can drive your car and be covered AS LONG AS they 1 - have your permission and 2 - are not excluded.
It does not say that they have to be LICENSED.
Can an unlicensed person drive your car? Sure. Are they covered? Yes - if they have your permission.... Are there other things you need to be aware of that might mean they DON'T have coverage? ALWAYS. Reading your policy or checking with your adjuster is the best way to make sure.
Now - can they get in trouble? You betcha.
Hope all comes out well.
~jifr!
2007-10-08 12:26:45 · answer #4 · answered by Jifr 4 · 0⤊ 0⤋
Your insurance pays. They go after the other insurance company/driver.
Your policy should have something called uninsured motorist coverage.
2007-10-08 12:25:40 · answer #5 · answered by Fester Frump 7 · 0⤊ 0⤋
i'm not sure what state you're in, but if you carry collision....you can make a claim, regardless if you are right or wrong
2007-10-08 14:05:34 · answer #6 · answered by ? 1 · 0⤊ 0⤋
Well get a high powered attorny and sue the hell out of he or she,ill ask my attorny what she thinks,for free and get back to you,i have IM and email me and we can talk if you want.
2007-10-08 12:27:29 · answer #7 · answered by Anonymous · 0⤊ 1⤋