Auto Insurance Claims: Auto insurance, driving on a suspended license, uninsured driver

Question
I have a situation. A friend was driving on a suspended license and had an accident wherein he was found not liable in any way. He was driving his brother's car that was insured. He was living in his brother's household. At first, the insurance company denied the claim because it said that his brother lied on his application as to members in his household. Then, under the threat of a bad faith claim, the insurance company paid policy limits. The accident resulted in a bad injury. So wouldn't this driver be deemed "insured" for the purposes of proposition 213, which limits an uninsured driver plaintiff's damage? Is there a law that you know of in California that states that if you're driving on a suspended license, you're automatically uninsured? Or is it up to the individual insurance company or policy?

Thanks for your help.

Answer
Hi Robin,

Unfortunately I have no idea what prop 213 is.

Your statement was a bit confusing but I'll do my best. If the uninsured driver was not at-fault in the accident then the at-fault drivers insurance should be paying for all damage to the vehicles as well as any injuries in your friend's brothers car.

If they are trying to make a claim against the friend's brothers insurance company, then the policy and California law would determine who is covered and when. It sounds like since you were discussing if your friend would be covered on his brothers policy and they are saying that there is a coverage limits issue, that they have determined your friend to be at fault.

Unfortunately, this is all very confusing. If you would like to try to ask a question again, please be more specific as to who was determined to be at fault and who's insurance company is saying what.

I hope this helps
Richard Hixenbaugh