QuestionMy son was hit by a truck and the insurance company is saying they will not pay because the driver is not on the policy. Is there anything I can do to get them to pay? By the way the driver was a 17yr. Old with no drivers license.
AnswerLinda,
First, I'm sorry to hear about your son. I hope in the scheme of things it was not a severe accident; I can imagine how frightening it must be for you and your family!
Their insured is bound by their policy contract between the insurer and the insured. Most auto liability policies have a permissive use clause; the policyholder cannot be held legally liable for damages caused by a driver, driving the insured vehicle, who did not have the insured's stated permission to use the vehicle. It's the logical extension of your classic stolen vehicle gets into accident scenario; if some criminal stole your car, and drove it into a bus full of children, would YOU want to be held personally liable for all those injured kids? The insurance company "stands in the shoes" of the insured, and pays claims their insured is legally liable to pay (presuming the policy is in force). If the driver was not on the policy, not a resident relative of the insured, and not by some twisted third-hand scenario ("my son took my truck, he loaned it to his buddy Jim, who wrecked it - I'd never let Jim use my truck!") extended permission third-hand, you the insured/policyholder cannot be held legally liable for the damages IF the driver did not have your permission to use the vehicle.
There's a lot we don't know here: was this a commercial vehicle? When you say "truck", do you mean a generic pickup truck, a delivery truck ("box truck"), 18-wheeler semi? If it is a commercial vehicle, many commercial policies require each driver, or each person within the company who may ever see the need to drive the vehicle, to be an actual listed party on the policy. There are often explicit exclusions in commercial policies that state liability coverage can be excluded if a non-listed (note I didn't say non-permissive) driver is the operator in the loss.
Generally speaking, if an insurance company is denying a claim because their driver isn't on the policy, it's a permissive use or excluded driver scenario. Unfortunately, as the claimant, you do not have any rights under their policy: you are not their insured. Even as the insured it is difficult to challenge these decisions, as the rights to each are specific to the policy.
I don't know what state you are in, or what kind of uninsured motorist coverage you have on your own auto policy (presuming that you have one, of course), but to me you certainly have a valid claim for uninsured motorist bodily injury against your own policy. I would check post-haste with your own carrier to discuss your options.
Lastly, while an injury attorney can often be a great help in guiding your way through the (sometimes) lengthy bodily injury claim process, an attorney would be of little help in forcing the tortfeasor's carrier to reverse their coverage (or liability) decision and suddenly pay.
I know these aren't the answers you wanted to hear, but this can be a difficult business we are in and sometimes, the breaks just don't go our way. I hope your son improves, quickly, and I hope your family gets the treatment and pain/suffering settlement you are owed.
