QuestionMy wife was hit by a vehicle that was hit by a 17 year old female that was "Excluded" for the parents insurance policy (Loya Casualty--TX). They are not paying for anything! Will my insurance company sue and should I sue since on my policy it does not cover rental car? Fortunately no one in my family was injured but I am angry that this parent would let their daughter drive to high school with their car!!!
The police officer on scene did not write up a report but we have his name. The girl had the insurance card as if she did have insurance. Police did not arrest or cite on scene.
AnswerRussell,
Sorry about your bad fortune. If you have Uninsured Motorist coverage on your policy, your insurer will handle the claim as if they insured the uninsured driver. Normally, this does provide rental coverage. But I'm not positive in your state. Ask your adjuster and read your policy.
I would call the officer to let him know what happened and he may charge the driver for operating without insurance. This may make it easier for you to collect later.
As for suing, your insurer will subrogate against the driver and vehicle owner (parents)for any amount they pay out. This may or may not involve a lawsuit. You also have the right to do the same. Your insurer can help you with collecting some of your out of pocket expense, so be sure to ask.
The other insurance company is correct to deny the claim if the girl was excluded on that policy. Insurance companies do this all the time if they do not think someone is a safe enough risk to insure. So either the parents were irresponisble letting her drive without insurance, or she took the car without their knowledge.
