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Accident by a business car& unlicensed driver. the claim was denied by their ins, what their ins liability under NY state's law

Albany, NY |

Recently I involved in a car accident caused by a commercial vehicle, driven by an unlicensed driver, who is on business trip. He was ticketed for the accident, and I have no fault on police report. My car didn't has collision coverage. Their car is insured under commercial category. Now their insurance denied our claim ( citied, his name isn't under their policy). Other than suing the driver and his company, any chance we can sue their insurance company for the property lose, what's NY state's law for insurance's liability applicable in this case.

Attorney Answers 5


  1. 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.


  2. 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


  3. 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.

    In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully read the AVVO disclaimer regarding their rating system. There are certain factors that are given great weight which do not necessarily have any bearing on an attorney's experience, abilities, and results with certain types of cases. Accordingly, the rating numbers can be misleading. Also beware of basing your choice on the fee charged, as a low fee, depending on the skill, experience and determination of the specific attorney handling your case, could actually have an inverse relationship to the amount actually put in your pocket.


  4. 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.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely.


  5. No, but you can pursue a claim against the company, the driver and owner.

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