Driver did not have permission to drive car | He was in accident

by Beth
(Sc)

I was hit broad side. Driver of car passed red light hit me broad side.

The owner of car said driver did not have his permission to drive car. What happens now?

Driver was arrested at the scene.


Answer:

Hello Beth,

Most likely, there is no coverage for your claim (against the insurance company of the car that hit you). Most insurance policies exclude coverage for "non permissive" drivers. If he fits that definition, coverage will most likely be excluded.

There are two things here. If the driver was a "thief" then you are probably have to go through your own carrier and seek coverage under collision or uninsured motorist coverage:

Please see: http://www.auto-insurance-claim-advice.com/Collision-Coverage.html and http://www.auto-insurance-claim-advice.com/Uninsured-Motorist-Property-Damage-coverage-1.html

You will be subject to whatever deductible you have under those coverages.

If the driver was not a thief, but a person who was not permitted to driver (i.e., a teenager that lives at home), there might still be coverage if that person has "implied" permission. The issue of implied permission (he was given the keys before to go to the store and this time he just took them) is looked at differently by each state. There may also be "apparent" permission (they gave him the keys of the house, and inside the house there were the keys of the car).

This could be a long and drawn up investigation. You probably should involve your insurance company.

Good Luck,
http://www.auto-insurance-claim-advice.com