How can insurance deny a claim for no right to be driving?

Question

I was hit by a driver who was under the influence, insurance company denied my claim stating he had no right to drive the car, it's his brother's car. What can I do?

David Stoddard · Answer

See if your uninsured coverage will cover the loss. Our Insurer would then have a right to sue the at fault driver to recoup its money.    If your uninsured coverage does not cover the loss, you can bring suit against the at fault driver and hold him personally liable.  If he had his brother's permission to drive the car, then the brother's insurance should cover the loss. If the at fault driver says he had permission, and the brother didn't report it stolen, then you might successfully get the insurer to cover it.

Ronald A. Steinberg · Answer

Sue him and his brother.  The owner is responsible if he allowed his brother to drive, or if he was negligent in leaving the keys where the brother could get them.

Paul Samakow · Answer

Insurance covers the acts of people they insure.  If the driver did   not have permission, it is as if he stole the car.  If someone stole   your car, would you want your insurance paying for an accident that   person caused?

Dennis P. Mikko · Answer

Michigan is a no-fault state so damages to your car would be paid by your insurance company,  If you were injured and the injuries rise to a threshold level, you could file a claim against the other driver.

Jeffrey Lapin · Answer

An insurance company can deny a clam if the driver of the vehicle, which was the brother of the owner, did not have permission to drive the vehicle at the time of the crash. For example, if the non-owner brother took the car without asking, got drunk and then caused the accident without you, the owner's insurance would not have to provide coverage. Whether the brother had permission is a question of fact. Permission need not be explicit, that is, the brother saying you can drive my car tonight. Permission can be implied.  

If the owner did not give permission, you could collect from the drunk driver's car insurance company, assuming he had insurance. If he did not have insurance, you could still sue him and then try to collect any judgment you obtain against him and his assets.  A better option if neither brother has insurance would be to make a claim against your own car insurance company for Uninsured Motorist benefits. 

Under the Uninsured Motorist claim you can receive money for your injuries and damages. Uninsured coverage does not cover damage to your vehicle though. Damage to your vehicle would be covered under your Collision coverage and you would have to pay your deductible.  You may want to consider talking to an attorney to discuss your case and learn more about your rights and possible options.

Jared Altman · Answer

Make a claim against your own insurance company. See a personal injury lawyer.

James Kelaher · Answer

Get a lawyer and file a lawsuit.

Michael Heilmann · Answer

You must sue and determine that the brother permitted the brother to borrow the car. The owner of a car is responsible for its use.

Leonard Schwartz · Answer

Sue them both. At the very least the driver is responsible.

Dean Esposito · Answer

If he took the car without authority and did not have permission, they may not provide coverage an will deny the claim.

Jeffre Crandall · Answer

The driver, though drunk, may be a secondary authorized driver. Get a lawyer and have him interview the owner of the car.

Cale Plamann · Answer

It is possible that he did have the right to drive the car under the insurance contract with the brother.  Depending upon the circumstances  of your case, if you sue the person who hit you he may be able to force the insurance company to defend and pay for him.

Gary Platt · Answer

Assuming the other driver's insurance company denied your claim, you can still sue the other driver AND the car's owner.  If the other insurance company refuses to pay the damages or defend the other driver or owner, you may still be able to recover damages against them.  In addition, if you obtain proof that the other driver and owner are uninsured (which they  are,  technically, if their insurance company denies coverage), then you can make a claim under your own insurance policy's uninsured/underinsured motorist coverage.

Michael Yeksavich · Answer

Insurance policies cover only what they say they cover. If the driver was not an "insured" within the meaning of the policy then there is no coverage.  Sue the driver and discuss all the facts with a lawyer to see if the insured brother can be held liable.

David Craig · Answer

Just because the insurance company denied the claim does not mean they are right.  Whether there is coverage or not is dependent on the specific facts of your case and the terms of the insurance policy.  I would recommend that you contact someone who is familiar with insurance coverage law.

Gregory Crain · Answer

Sue him.

Paul Whitfield · Answer

Sounds like they are claiming the car was taken without the owners permission or stolen.

John Joseph Ratkowitz · Answer

You should get an attorney who will investigate the insurance company's denial. The standard for denial of coverage in those circumstances is "theft or the like." That is, the carrier can only deny coverage if they can demonstrate that the driver essentially stole the care without the knowledge of the owner. Finally, if the driver did steal the car, you might have a viable uninsured motorist claim.

Richard Lowell · Answer

An insurance company does not have to provide coverage for a driver who was behind the wheel of its insured's car - but had no reasonable belief of a right to drive the car.  It sounds like that's what the insurance company is claiming.  Sometimes they are right - but sometimes they aren't.  

If they are wrong, they'll have to provide the coverage - or be subject to a bad faith lawsuit.  If they are correct - and yet you have your own full coverage insurance - you can make an uninsured motorist claim against your own insurance company.  Bottom line: if you were hurt - go seek out a qualified and experienced personal injury attorney to investigate the matter and assist you.

Michael Lehner · Answer

I assume your referring to the insurance company for the drunk driver that denied coverage because he didn't have permission to use the car. If you have a motor vehicle insurance policy on your car, and it is an Oregon policy, it will provide you with uninsured motorist insurance. That insurance coverage will compensate you for any damages you would be entitled to receive from the uninsured driver.  

You must give notice to your insurance company asap. You should also hire an attorney to help you through the process. Most attorneys who do this work will take your case on a contingent fee basis, which means their fee will be a percentage of whatever they recover for you.

Phong Thanh Tran · Answer

Do you have an attorney assisting you on this matter?

Stuart Nachbar · Answer

Sue them, or report same to your carrier, let your carrier repair the damages, and have them subrogate against the other carrier.

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