Being rear ended while being at a complete stop

Asked about 4 years ago - Columbus, OH

my mother was rear ended in my car she is an unlicensed driver of which she just found out she was a complete stop preparing to make a left hand turn when a car comes flying up and rear ends her my question to you is and i know she'll be sited will my car be covered even though she does not have a license both cars were insured who's at fault and will my car get paid for?

Attorney answers (3)

  1. Robert Craig McLaughlin

    Contributor Level 4

    Answered . If I am reading your question right, the fact that your mother was not a licensed driver should not keep the liability insurance company for the other driver who rear-ended your mother from paying for the property damage to your car. In addition, if your mother was injured, she may also be able to make a personal injury claim against the other driver.

    Your mother's status as an unlicensed driver will likely only affect her ability to access any benefits (i.e., medical payments coverage or underinsured motorist benefits) under your automobile insurance policy.

    As the owner of the car, you should contact the insurance company for the other driver. They should then send out a claim representative to look at your car to see if it can be fixed or is a total loss. You have the right to have your vehicle fixed at a body shop that you choose. In addition, they should provide you a rental car for the time your car is being fixed.

  2. Nima Taradji

    Contributor Level 16

    Answered . You have to read your policy. In some States, Illinois for example, the court has upheld refusal to provide coverage by the insurance company based on a clause in the policy which means that if you the person driving the car has no license, the coverage can be denied.

    Get a copy of the policy you have received when you first got insurance and then read the definition of the person insured and see whether that applies to you and/or your mother. If not, coverage may be denied based on the fact that your mother did not have a reasonable belief that she was entitled to operate the vehicle.

    I hope this helps-

    Nima Taradji
    http://personalinjuryattorneyz.com

    Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for entertainment purposes only.

  3. Jeffrey Michael Donato

    Contributor Level 14

    Answered . In addition to the fine answer provided, I would like to add that things might also hinge on your knowledge of whether or not your mother was licensed. This goes to whether or not the insurance company would be required to cover. To be sure, laws are different in each state, and NY Law (where I practice) is distinct from OH law. You should consult an attorney in Ohio sooner than later to see what law applies in your situation. Good luck.

    THIS RESPONSE DOES NOT IMPLY OR CREATE AN ATTORNEY-CLIENT RELATIONSHIP. NO ATTORNEY-CLIENT RELATIONSHIP IS IMPLIED OR CREATED BY RESPONDING OR FAILING TO RESPOND TO THIS RESPONSE. THIS RESPONSE DOES NOT PROVIDE LEGAL ADVICE. FOR LEGAL ADVICE, YOU SHOULD CONSULT AN ATTORNEY.

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