Monica calls in to ask about an accident she had been in recently. She was sent to the hospital with a neck injury, and then was told that the ‘at fault driver’ wasn’t on the insurance policy that covered the car.
Attorney Carl Reynolds points out that the driver doesn’t have to be named on the insurance policy, as long has he had permission to drive the car. The insurance does go with the automobile, not the driver. Yet if that driver has permission to drive the car from the owner or policy holder, then the insurance policy would cover the accident. If he were an ‘excluded driver’ on that policy or did not have permission to drive the car, then the insurance attached to that automobile would not apply to the accident. It would be her own uninsured motorist policy that would activate to cover the damages.
Attorney Wendell Horne points out that there are many cases where the uninsured motorist policy is activated to cover accidents caused by drivers who had stolen the car or tried to deny they had permission to use the car to avoid their own vehicle’s liability policy from activating.
Attorney Carl Reynolds points out that a factual investigation must be conducted to determine if the ‘at fault driver’ did or did not have permission to drive the car.
Attorney Wendell Horne gives an example of a severe accident where the owners of the automobile tried to deny they had given permission in an effort to avoid liability for the accident. It was later determined by a jury that permission had been given.