Expert: Anne - 6/30/2011

Question
My sister (who is insured) was hit by a drunk driver, driving someone elses car.  (the owner of this car also has insurance.  My sisters car was totaled.  Luckily no injuries.  Both insurance companies are refusing to pay for a new car.  Is this correct?  Why do we carry insurance if this is the case?  Thanks

Answer
Hello Lorrie,

This does not sound correct. Some policies exclude coverage for drunk drivers, so it is possible that the insurance company of the owner of the vehicle that hit you may not have coverage (excluded). Also, the drunk driver may have a policy on his/her own vehicle. IF this is the case, that insurance policy may cover your damages (the same policy could apply).

Lastly, your sister's insurance should cover her if she has coverage (typically, the alcohol exclusion does not apply to a driver who is not under the influence or did not cause the accident).

Talk to a lawyer about this.

Good Luck
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