Q: Can an insurance company deny coverage if the driver was unauthorized?
My parked car was involved in a hit and run accident. I do not have collision coverage so my insurance won't cover the damages. The police witnessed the accident and was able to get the license plate. The woman whose car hit mine was not driving at the time, but her son was driving. Her insurance company is refusing to pay because her son was an unauthorized driver. They have not formally denied the claim as they are waiting for an affidavit of unauthorized use from the woman. She will likely refuse to sign. What are my options for recourse? Should I take her to small claims court? Thank you in advance for your help!
Unless her son stole it he would be authorized. Its baloney. Suggest you provide estimates for repair, file a complaint with the insurance commissioner. Depending on the nature of the denial you may have claims under
Sec. 93 A of the MGL.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.