Boston, MA asked in Insurance Bad Faith, Insurance Defense and Car Accidents for Massachusetts

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!

2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA
  • Licensed in Massachusetts

A: 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.

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: Before going through with the expense and time of court, you could first ask the carrier if they would like to send one of their property damage adjusters out to see your car, or if they would consider an estimate from your collision shop.

Tim Akpinar

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