QUESTION
If I had an accident with my daughters car and I don't have a license but she is insured will they pay for the damages?
Asked on Jul 10th, 2014 on Personal Injury - North Carolina
More details to this question:
I had an accident with my daughter’s car. I have no license but my daughter has and is fully insured. The guy claims it is my fault but I was pulling out of a parking lot and the traffic light was red (there is a sign that says stop here on red) and he didn't and slammed into me.
11 ANSWERS
Car Accidents Attorney serving Milwaukee, WI
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Domnitz & Domnitz, S.C.
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There will be a problem with insurance coverage if you took the car without your daughter's knowledge, or if she gave you permission to use car knowing you did not have a license.
Answered on Jul 16th, 2014 at 8:03 PM
Ronald A. Steinberg
Did you get a ticket? If you did, you have a problem because to fight it, you would have to admit that you were driving without a license. Whether or not you were insured at the time would depend on your daughter's insurance company as to whether or not they will cover you. Without a license means that you should not be driving. You may be financially responsible; additionally, since you were a permitted user of the car, your daughter would be liable whether or not her insurance covers her. Not a smart move by either of you.
Answered on Jul 11th, 2014 at 4:42 PM
Edwin K. Niles
One would have to review the policy, but usually only licensed drivers are covered. Sounds like the other dude's fault.
Answered on Jul 11th, 2014 at 4:39 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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Your daughter need to submit the claim to her insurance company.
Answered on Jul 11th, 2014 at 4:37 PM
The adverse party may have a valid claim against your daughter for "negligent entrustment" - allowing you to drive the case without a license. They may also have a claim directly against you. Without knowing what your daughter's insurance policy language says you cannot be sure whether or not her insurance policy will provide coverage for liability (if there is any). You should have your daughter contact her insurance company and report the accident. They can then open up a claim and determine what needs to be done.
Answered on Jul 11th, 2014 at 4:36 PM
Personal Injury Attorney serving Portland, OR
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Peterson Law Offices, PC
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There should be insurance coverage so long as your daughter gave permission for you to drive the car.
Answered on Jul 11th, 2014 at 4:33 PM
EDWARD MILLER
Not able to answer since you don't say what damages are claimed by whom and whether, as an unlicensed driver you are shown as an excluded driver on the insurance policy.
Answered on Jul 11th, 2014 at 1:07 PM
Probably not. She is allowed to occasionally lend the vehicle to a valid driver but are not such a driver. I doubt they would believe that she did not know you had no license and probably would say she had a duty to check before letting you drive the car.
Answered on Jul 11th, 2014 at 12:30 PM
Personal Injury Attorney serving Irvine, CA
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This depends on your policy language, but if you were a permissive user of your daughter, the answer is probably yes.
Answered on Jul 11th, 2014 at 12:03 PM
James Eugene Hasser
Yes, you should be covered as long as you were a permissive driver and you were not specifically excluded from coverage.
Answered on Jul 11th, 2014 at 10:15 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Turn the matter over to the insurance co. if it occurred in NC the other driver will be said to have been guilty of contributory negligence and he will not be paid. Leave that up to the carrier. That is their business, not yours right now.
Answered on Jul 11th, 2014 at 7:57 AM