QuestionI was intentionally hit by someone one I knew who was using her Mother's car which is insured. However they never filed a DMV report and they are saying because I was hit by their daughter who is unlicensed and 16yrs of age she is not covered on the policy. Can I still file a claim against her mother's insurance? I did file a police report. In Oregon
AnswerHi Todd, Dr. Settlement here--back to work after a LONG sickness.
Sorry to leave you with no help for the past week, but I have been out of the office with a nasty “double-ended” flu. SCC’s own Morgan Jacobsen said that she wrote to you about it, with the offer to get an early response via my website, I hope my sickness did not cause you any inconvenience.
My first answer for you is to use your own insurer and then let your insurer worry about collecting money from the other side. If your deductible is too high, then of course the advantage of using your own company is largely lost, but still it will pay all but your deductible, and you can collect that if your company ever finds any insurance to tap into.
Plus, if you use your own insurance, you can more easily collect for personal injuries inasmuch as your own Uninsured Motorist Coverage (UIM) is easier to collect against than her insurance since your UIM usually has arbitration, as opposed to a jury trial.
But as for pursuing the tortfeasor family, then you have three aspects working in this question. Let’s deal with the easiest concept first: an INTENTIONAL hit is NOT COVERED by insurance. Only NEGLIGENCE is covered by insurance. So if you go around complaining about being INTENTIONALLY hit, you have just given the insurance adjuster a way out of paying for your loss.
Next, let’s look at the question of whether the mother’s insurance will cover the daughter who is not named on the policy since she is unlicensed.
First off, one does not have to be named as an insured in order to enjoy coverage for her actions while driving an insured vehicle (so long as that driver is not a usual driver of that vehicle; or, put another way, so long as that vehicle is not made available for the regular use of that driver who is not named in the policy). And the status of her license is NOT determinative with regard to insurance coverage. For example, the mother might have given permission to a neighbor to drive, and the status of his license would not void the mother’s insurance coverage.
But the real tricky part for you to claim insurance coverage for this girl is to show that she is a “permissive” driver. That is because insurance usually does not cover drivers who steal a car or who drive it without permission.
This is NOT an absolute, so I do want you to check this out in your state (see below). But first let’s see how this would play out in your case. If the driver was behind the wheel with any implied permission—for example based upon letting the driver take the car in the past—you could argue that she was a permissive driver.
Thus, if you can come up with any evidence that this parent gave implied consent to her daughter to take the car, then you can argue that she is a permissive driver, and hence insured.
The fact that you made a police report is good. You can use that as the basis of your claim via your state insurance commissioner or small claims court.
If you do have the name of the mother’s insurance company, you can get some answers and cooperation by filing a complaint with your state insurance commissioner http://www.settlementcentral.com/links.php
I am going to tell you the best way to get some compensation. You will sue BOTH the mother and the driver in small claims court. It does cost around $50 to file. And once they get served, you will see if the mother doesn’t come up with some insurance right quick!
Of course “small claims” is just that: probably limited to $4,000 and less in value. So if you had any personal injuries, you would not bring the suit in that court because the value of your claim would likely exceed the court jurisdictional limits. Otherwise, it is a good tool.
I trust this has been of value to you—good luck, and
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
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Doctor Settlement has been out all week with a vicious "going at both ends" flu, and he is not going to return until Monday, at the earliest.
He says is sorry he did not get to your question, but he is committed to answering you this weekend.
If you need any emergency help, write to him at our website, below, and put in the title "allexperts.com question".
One of us at the staff will answer you ASAP. Otherwise, if you do nothing, Dr. Settlement will answer your personal injury insurance claim question this weekend.
Best wishes,
Morgan Jacobsen, J.D.
www.settlementcentral.com
