Fishers, IN asked in Car Accidents and Insurance Bad Faith for Indiana

Q: Car insurance didn't approve accident.

I have insurance on my vehicle as well as my husband and daughter in laws. Were all covered for all cars. My dil got into an accident 2-19. Her car is in my son's name. Hes in the navy and will be gone for 8 years, so we don't have him on the insurance. Now they're refusing to cover it because my sons name isn't on the insurance. Is that legal?

1 Lawyer Answer
Charles Candiano
Charles Candiano
  • Personal Injury Lawyer
  • Chicago, IL
  • Licensed in Indiana

A: With the exception that you must purchase insurance in a minimum amount, the terms of your auto insurance are governed by your policy, NOT by law. So it is not possible to tell you whether the exclusion is "legal or illegal." An insurance policy is a contract so it can specify whatever the drafter wishes. You need to read the terms of the contract. My guess would be that your son's residence is the same as yours. As such, most (if not all) insurance companies would require you to expressly exclude your son from coverage. My guess is that you expressly excluded your son's car, without realizing it. You insure cars, not people, though it is true that the driving record and demographics of the drivers will determine the amount that you pay AND an insured driver is covered whenever she is driving someone else's car when it is NOT regular. That said, you can't get free insurance on your son's car which your DIL probably drives on a regular basis. NO DEFINITIVE ANSWER IS POSSIBLE WITHOUT READING THE CONTRACTS OF INSURANCE.

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