Expert: Anne - 8/5/2008

Question
I have full coverage insurance on my Mustang, but my wife drove without, my permission, and totaled out the car. My insurance says they will not pay, is there anything i can do?

Answer
I am sorry to hear that.

Well, you do have some arguments. “Permission” is an interesting legal figure. In some states, permission can be implied, even if you expressly say: She did not ask, or I told her not to.

You have to look at all your facts. Did she have access to the keys before, did she drove this car before? Do you live on the same household. Is she in the title of the house?

Are you in a state where there is community property? If this is the case, she did not need your permission as she arguably owned at least some interest on the car.

Talk to an attorney. There are possible ways to get this covered, but it is a difficult battle. Also, try to see if she had other insurance policy (her own car) that might cover this.

Good Luck
Anne
http://www.SpokaneLegalHelp.com