Auto Insurance Claims: unlicensed daughter, insurance expert


Question
Jane,
  Two nights ago my daughters mother gave her permission to take her van, knowing she is not licensed. She has a valid learners permit inwhich I am her sponsor(I sent in the paperwork to revoke sponsorship but apparently it has not been received). She ended up rolling her moms van 5 times and both her and her friend were taken to the hospital. My daughter is ok and home, her friend is still in the hospital. Her mother doesn't have a pot to piss in(sorry). So my question is, Will her mothers liability insurance cover all this or do i need to worry about losing everything I have because of her moms stupid decision to let her drive?

Answer
 Hello Ted,

I don't see how you become involved.  The only possibility would be if your daughter is listed on your insurance policy. Conceivably, then, your policy might come in as excess coverage on behalf of the injured passenger since your daughter was at fault.

To answer your question directly, her mother's liability insurance would likely cover the injured passenger for injuries under Bodily Injury (BI).  But there are some issues.  First, since your daughter was not licensed to drive, and since her mother knew that, it is possible that they could deny coverage, depending on the terms of the policy and depending on whether or not the girl was covered at all (or even excluded) under that policy.  Obviously, this also depends on whether or not she actually has BI coverage.  If she does not, she could be exposed personally,but since she has not assets, this could pose a problem for the party attempting to sue her.

If the parents of the other girl have Underinsured or Uninsured Motorist (UM) coverage, this would be the likely go-to coverage.

There are a number of scenarios, however it is difficult for me to go into great detail since I am not aware of what insurance coverages are - or are not - available.  In any case, I don't see how you are liable as you had no knowledge of the events before they occurred.  Of course, it is always possible that someone could attempt to make you responsible simply because she is your daughter.  If that is ever the case, you will absolutely need to confer with an attorney.

Good luck.

Jane Pytel

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