QUESTION
Can I sue a non license driver for damages to my vehicle even though his insurance company won't pay damages
Asked on Jul 22nd, 2014 on Business Law - Virginia
More details to this question:
I was in an accident with a non- licensed driver. The insurance company claims that because the stories are conflicted, they won't pay for damages. During the exchange of information with the police officer, I was told that he was not licensed. According to VA law I was in the wrong. I have liability insurance only. Therefore I cannot file a claim with my own insurance company.
1 ANSWER
You can sue the other driver. If he is found to be liable, his insurance carrier will pay. Just because the insurer contests the claim doesn't mean that there is no coverage. Moreover, coverage issues are between the other driver and his insurance company. If he is found liable, he will have to pay your damages. Whether the insurance company pays for him or he has to pay out of his own pocket (assuming he can) is between them.
HOWEVER, you state in your question that you were in the wrong. If you are 100% in the wrong, the other driver will not have to pay anything. I am not familiar with Va law specifically, but I don't think that the fact that the other driver was unlicensed, while it may get him in trouble with the police and his insurer, would make him liable for your damages; the fact that he was unlicensed was not the cause of the accident, nor any damages you suffered from it.
Answered on Jul 22nd, 2014 at 1:17 PM