My son was hit by an eighteen wheeler yesterday, my truck is totaled and,he was taken to the hospital with injuries, I found out that my insurance was cancelled, and my son had no licence. The other driver has insurance, will his insurance cover my son's injuries and my vehicle even though my son was uninsured with no licence?
Jifr
Favorite Answer
Hiya:
What STATE you are in makes a difference.
For the most part though - if the OTHER driver is determined to be 100% at fault - he and/or his insurance company would be responsible for your vehicle and your son's injuries.
There will be repurcussions for no license and no insurance but those repurcussions will come from the State - not the insurance company. The insurance company is not the governing body and can not assess penalties for those civil violations.
If your son is at fault or shares some portion of liability - the no insurance issue will come into play and make him and/or you personally financially responsible.
In some states he would be responsible for his percentage of fault - pure comparative. In other states, his percentage of fault makes a difference on whether or not he can collect and what percentage, if any, he can collect. Negligence jurisdictions are not what you want to talk about right now, though so.....I think I might have given you the answer to your question above already.
best o'luck to you and your son.
~jifr!
Anonymous
In the state of Nevada (where I handle claims), even though someone is specifically excluded under the insurance policy, the insurance company must provide coverage up to at least the minimum limits. Case law has determined this is the situation, because the injured party is entitled to some benefit. Even if you son has no driver's license, he is still able to get into the car and drive it. The insurance company still has exposure. Sorry, wish it could be a different answer, but if you were the person who was hit by your son, even as an excluded driver, you would be thankful some coverage was there.
credo quia est absurdum
That is a question best answered by your lawyer. Get an attorney who is familiar with auto insurance claims.
IMO, the truck driver would be at fault and his insurance company should have to pay, but they WILL fight it.
Get that lawyer and watch out for 'pro bono' offers. It would be better for you to just pay a flat fee rather than to share the payment. Lawyers commonly take 60% or more of insurance settlements if not on fee basis.
dnjo303
I think they are going to fight you tooth and nail. There are two major violations here and before it's all over you and your son both may well be ticketed. Insurance companies will grab any opportunity they can not to pay. If there was damages to the truck his insurance company may well try and collect from you for damages. In most if not all states you must have car insurance, they have that law for a good reason. I hope your sons injuries are not life threatening and recovers some. Good luck.
Anonymous
Ouch. Well, it doesn't matter if you have insurance or not since it was not your son's fault. But almost 100% of the companies I personally deal with will not cover a claim of any sort if the person driving (no matter who was at fault) has no license. People don't understand how important insurance and maintaining your license is!!!! How could your son know he didn't have a license?