A common issue that the law firm sees is either the client’s or person in the other vehicle’s insurance company claims there is a denial of COVERAGE for any claims related to the accident. For example, if someone with a perfect driving record starts to live with a child who has a poor driving record, the insurance company may advise that the rates will be higher IF the is an authorized driver of the car. To limit their premiums, the adult may EXCLUDE the child as a driver on the policy. The effect of that legally (and generally) is that the insurance policy will not cover claims where the EXCLUDED driver is driving as obviously the child should NOT be driving the car by the terms of the agreement. In these sorts of cases when an accident ensues where the child/EXCLUDED driver is driving the car, the insurance company very likely will deny the claim based on COVERAGE, as the policy excludes coverage for such an accident. While there may be property damage or bodily injury coverage that may benefit an injured person, the insurance company very likely will deny this COVERAGE and the injured person (a third party to the insurance policy) will also be denied. While the injured person can sue the driver and/or owner of the car that caused the accident, even though there is insurance for property damage or bodily injury those claims will likely be denied and the only recourse may be for a personal judgement against the owner and/or driver.
It is difficult for the injured person to understand why their case is being denied but the answer is there is a COVERAGE defense NOT a LIABILITY defense.
Drucker law offices helps people that are injured in all types of accidents and helps guide its clients through a variety of situations, including coverage denials. If you have been in an accident, please call Drucker Law Offices at 561-483-9199 or 954-755-2120, 305-981-1561, or 561-967-3840 – Principal office in Boca Raton plus satellite offices in Miami, Coral Springs, Boynton Beach, Lake Worth and West Palm Beach.
Every case is unique and should be judged based on the specific facts of the case. The advice in this blog is intended to be general and should not to be construed as specific advice for a case or your case. A minor difference in the facts of the case in a fact pattern such as above could change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states could vary from Florida.
