Expert: Bennie719 - 4/28/2008

Question
QUESTION: my fiance was driving my car to the store with a learners permit. and was rear ended driving home. will the insurance company still pay for damages to my car?

ANSWER: Hi Stephen,
As I understand your question, your fiancee was 100% not-at fault in the accident.  This being true, the fact that she was unlicensed at the time of the accident will in no way affect the legal right to recover damages and injuries from the at fault party.

If your fiancee had been at fault, your own insurance company would have the legal right to deny the claim in it's entirety.
If your fiancee resides with you, immediately list her on your policy as a driver in the household with a learners permit (upgrade when she gets a license) and don't allow her to ever again drive the car solo while she still only has a permit.

I hope that you found this information helpful.
Your feedback by rating my answer will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area

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

QUESTION: well she is on my policy as a driver with a permit. so they will have to pay for the damages because she isnt a licensed driver?

Answer
Hi Stephen,
Congratulations on being more knowledgeable than the average person and adding your fiancee to your policy while she has a permit.
Since she is a named driver, your own company can provide assistance up to and including repairing the car (if the damage exceeds your deductible) and then subrogate against the at fault company if the adverse company is reluctant to pay for the damages to your car.

You didn't mention your state, but most states require that your insurance company file proof that the driver was insured at the time of the accident.  You may need to report this accident to your own company so that the proper SR-1 form can be filed.

If your fiancee was injured, have her use the medical payment coverage from your auto policy for treatment.  I recommend that she not use a Chiropractor because this will reduce the value of her claim by 50%.
Please write again if you feel that I can be of more assistance.
Any follow up question dealing with your fiancee's injuries should be marked PRIVATE.

Bennie