Auto Insurance Claims: Hit and run, non permissive use

Question
My husband was killed by hit and run driver, after the driver was caught the owner of truck said he took the truck without his permission, my lawyer says the ins.on the truck may be void because of the driver taking it without his permission. I find this so terrible, then everyone could say that after an accident. Can the owners automobile ins. company actually deny paying any claims to the damages of the death of my husband???

Answer
Marlene,

   The short answer is yes, they can deny the claim for non-permissive use.  The insurance company would be brave to do this in a fatality case especially if there is no police report reflecting the vehicle was reported stolen.  If it was taken without permission, then the owner should have reported it stolen, right?

   There is what is called implied permission and variations on that theme.  Sometimes, leaving your keys in a conspicuous area for all to see is considered permission.  If the driver had previously driven the vehicle with permission, then it is not reasonable to say that he must ask each and every time he uses the vehicle.  How the driver obtained possession of the vehicle will be important to discover.  The defense of permissive use is not so cut and dry.  Your attorney should be able to shed some light on the legalities of this type of deal.  When I was handling claims for an insurance company, it was common to refuse payment on questionable claims until a lawsuit ensued, then our attorneys or litigation adjusters would normally throw some money at the plaintiffs to try and avoid the risk of a jury siding with the victim.

   I hope this helps!