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Unlicensed driver uses my vehicle, causes and accident, and totals my vehicle. Will my full insurance cover the accident?
Anonymous3 views3 answers
My friend used my fully insured vehicle while I was working to rotate the tires for me. He then caused an accident and totaled my vehicle. I assumed he was licensed, but he recently had his license revoked, which I was unaware of. Will my insurance still cover the cost's of the accident? What might the outcome be of this situation?
Chances are the answer will be no. In most policies there definition of an insured person excludes any and all persons who are unlicensed drivers either by choice or by the operation of the law. Error of facts as you have made with respect to your assumption about your friend having a license is not a defense.
To make sure, read your policy and see what the policy says about the unlicensed drivers. Depending on the language used, you may be able to form an argument to support your position.
Nima Taradji
Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for informational purposes only.
A drivers' license is irrelevant. The question is did he have permission to drive your car. Since he did, that makes him an insured under your policy. Just call your insurance agent and he/she will take care of it. I don't know the answer to the part about consequences on your insurance rates, but your agent will.
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
I think I must respectfully disagree with attorney Taradji. The license status of your permissive driver should have no bearing on his coverage under your policy. (I have not seen any policy which attempts to disallow coverage for an unlicensed permissive driver. Even if it did, there is a good chance that the policy language may be found void against public policy.) As long as he had permission to drive your vehicle, he is most likely insured under your policy. (There are some exclusions for a garageman who operate your vehicle on a test drive, however, based on your statement, this appears to be a friend of yours who was doing you a favor and he is not in the business of a garageman.) You need to be sure that your insurance carrier is aware of this incident and you have a duty to cooperate with your insurance company's investigation and defense of the matter.
Legal Disclaimer:
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.