Insurance companies will do what is best for them. However, while I have not researched this issue in a while, my recollection is that they cannot deny the claim on this basis due to public policy considerations. They can only deny the policy going forward - they cannot deny the claim. You may have to sue the other driver/owner/company.
The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.
NY law is favorable on this point; the presumption is that the driver had permission of the owner. Depending upon the amount of damage should help you decide what court to use. If you are injured, contact local and qualified counsel asap.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff
Consult with an experienced NY personal injury attorney ASAP. Unless the vehicle was stolen, the insurer should cover. If not the company would be responsible. You do not sue the insurer directly, only the owner/operator.
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Consult with a local personal injury lawyer for your injuries and damage to your vehicle. You can not sue the insurance company since you have no contractual relationship to them.
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