Expert: Anne - 6/20/2008

Question
Hi I have a question regarding to automobile accident. My husband got rearend by a truck. The truck driver beg my husband not to call the police because he doesnt have his driver license, plus he claims that the truck wasnt his and the insurance is under his aunt name. He say that he will paid for the repair for my husband car, and he also write down a note saying that he is at fault and he will be responsible for everything. But on the insurance policy his name wasnt on it either, and his aunt dont want him to claims her insurance for the damages that he caused.  My question is that do you think the insurance will paid for my husband damage, because the driver of the truck wasnt on the insurance policy.

Answer
Hi Annie,

Well, He must be excluded (specifically excluded from the policy). He is not, and he had permission to drive (did not steal the car) then he should be covered. There is a clause in most auto policies, it is the omnibus clause. This clause provides coverage for the driver even if the driver is not listed on the policy as long as it meets the criteria mentioned above.

To read more about auto policies, visit:

http://www.auto-insurance-claim-advice.com/insurance-coverages.html

Remember, this is your car and they caused the damage. I would call the police (even if it is few days later) and file a report. Also file a claim and make them pay. The longer you wait, the more unlikely you are of getting paid.

Good Luck,

Anne
http://www.SpokaneLegalHelp.com