Legal Question in Insurance Law in North Carolina

My car Ins refusing to pay claim beside the driver my son was not on my policy. Can they do that and do I have a legal angle?

Asked on 1/29/13, 8:07 am

1 Answer from Attorneys

Brent Adams Brent Adams & Associates NC Personal Injury Lawyers

Whenever a driver is using another person's vehicle, insurance coverage becomes extremely complicated, as you have discovered in this unfortunate way. However, car insurance normally "follows the vehicle" as long as the owner (you) gives the driver (your son) permission to use the vehicle. Was your son operating your vehicle with or without your consent? Was he routinely using your car or was this a one-time use? We would be able to give you a more definite response with the answers to these questions and after reviewing your policy since every policy has exceptions.

Typically, members of a vehicle owner's household are automatically covered with or without the owner's permission. Is your son a member of your household or does he maintain a separate permanent residence? We also need to consider state laws and the jurisdiction under where the accident took place, where the driver (your son) resides, and where you, the owner of the vehicle, reside.

Let us know if you have questions for our North Carolina car accident lawyers.


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Answered on 1/29/13, 9:15 am

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