Chicago, IL asked in Car Accidents, Insurance Bad Faith, Insurance Defense and Traffic Tickets for Indiana

Q: insurance company refuse to pay for my vehicle after an accident cause someone was driving with suspended license

My husband received a ticket in February 2021 we paid the speeding ticket and the Bmv sent the sr-16 to the Bmv my husband got into an accident and hit a tree he was the only one involved in the accident in July 2021 and that’s when he found out his license had been suspended and yes I know it’s cause he didn’t update his information with the Bmv but we had insurance Through liberty mutual they are refusing to submit the COC through the BMV because I no longer have insurance thur them his license got suspended on June 21 2021and My insurance company is refusing to pay for the vehicle that was totaled out because my husband’s license were suspended he did not know it.

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

A: An insurance company has a right to refuse payment on an accident claim if the driver did not have a valid license. You admit that your husband did not have a valid license at the time of the accident. Your insurance company may well be refusing to issue a certificate of coverage but that refusal has absolutely nothing to do with the fact that you are no longer a customer. On your facts, it was a legal impossibility for your husband to purchase insurance at the time of the accident because his license was suspended. No carrier will sell you an auto policy unless you have a valid license. The certificate of coverage can only state whether a policy of insurance existed on your car, on the date of the accident. A certificate of coverage cannot state whether any specific individual was covered under your policy.

Saying the same thing, differently, even though your car may have been insured in February 2021, your husband was not insured to drive it because his license was suspended. Please also understand that the only way that your husband's license could possibly be suspended without him knowing about it is if he failed to register his new address with the BMV.

Assuming that your husband was the at-fault driver, he is personally liable for all property damage and personal injury that resulted from the accident. With regard to your husband's license suspension, you should consult a local traffic attorney to learn what they can do to help you and how much it will cost. Please understand that there is nothing that an attorney can do to force the insurance company to pay.

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