Legal Question in Insurance Law in Washington

Permissive Driver & Accident

Hello,

I allowed my son to drive my 2006 Kia Rio yesterday, I have has full coverage insurance. While negotiating a turn off a highway the car began to slide and he flipped the car causing significant damage. He also was injured. My insurance agent informed me that the claim not only would be denied but all policies would be cancelled (two vehicles and home).

Ist question- He had permission to drive the vehicle, does this void coverage?

2nd question- Air bags did not deploy, I suspect this allowed for some of the injuries he had. Any recourse here?


Asked on 4/07/08, 4:48 pm

1 Answer from Attorneys
Sam Hochberg Sam Hochberg & Associates

Re: Permissive Driver & Accident

The question could be whether in your insurance application or in subsequent renewal questionaires, if you disclosed that you had a son at home who drives or has a license or permit. Ordinarily, anyone you authorize to drive the vehicle is covered, but if you failed to disclose another driver in the household, that might be the basis for their denial. If your son doesn't live with you, then I can't imagine why they're claiming absence of coverage.

You'll find out soon enough, since if they're going to deny, they will need to send you a letter explaining WHY. Then, if they do, bring that to any good personal injury lawyer, and see if the denial is legitimate or not. You may also want to contact the Washington Insurance Commissioner's office, and inquire with them as well.

Good luck to you,

-- Sam

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Answered on 4/07/08, 8:54 pm


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