Expert: Anne - 3/26/2008

Question
QUESTION: I was hit by a driver who ran a red light at a high rate of speed, who then flipped the vehicle he was traveling in. I was injured and treated. My car was totaled. I did retain an attorney, however I am being told that the vehicle that hit me was not owned by the driver, and that the driver did not have permission to drive the vehicle, therefore my claim is being denied. I live in GA. Does this make any sense that  simply the owner's word, and not a theft charge, frees the insurance company from responsibility? I am not sure what legal rights I have, and my atty does not seem excited about   
going any further. Is my claim done?

ANSWER: Hello Doniel,

Well, an investigation must be done regarding the permissive user situation. Usually an statement from the driver is not enough. There must be something more, and just like you said, a police report or something. Most people report their cars stolen, why was this car not reported?

However, if there is more evidence that shows that this vehicle is stolen, then your claim against that policy could be precluded. You might have to go against your own insurance company if you have Uninsured property damage and/or uninsured motorist bodily injury coverage.

Good Luck,

Anne,
http://www.auto-accident-blog.com

---------- FOLLOW-UP ----------

QUESTION: Hello Anne,
Thank you for responding so promptly. The driver was the owner's boyfriend, and according to court documents, two days after my accident she had requested a domestic violence restraining order against him. This signifies to me collusion involved in denying implied consent to drive. There was no theft charge, so would that leave me a clear avenue to pursue suit against Safeway, the driver, and the owner? Also, if the driver has a vehicle and has insurance, could I also pursue a claim against his policy? Once again, thanks for making yourself available for all of us who need and value your lucid information. keep it up!

Doniel

Answer
Hello there,

You hit the nail in the head. The issue is going to be "consent" actually implied consent. Again, the facts will be key here. Even if someone says you are not allowed to drive this vehicle, they might still have implied consent. If for example the boyfriend had free access to the keys and drove this vehicle in the past. Again, it is very difficult  to argue from your end (it will be hard to get all the true facts). Your best attack is to have your attorney and adjuster try to get as much information about the denial.

The next thing you can look into is Reservations of Rights. http://www.auto-insurance-claim-advice.com/Reservation-of-Rights.html the insurance company can defend, but leave the issue of consent to a jury to determine if this should or should no be covered.

Good Luck

Anne.