Car accident (not at fault) with full coverage insurance and suspended drivers license?

Asked over 2 years ago - Sheboygan, WI

The driver was turning and hit by a vehicle who failed to yeild the right of way (Stop lights). The vehicle was borrowed from parents who had full coverage insurance however the driver was not on their policy. The driver was unaware of a suspended drivers license until the time of the accident. How will this affect the insurance claim on the accident for the driver who was hit (without a valid driverse license)? The driver did not have any injuries however the person who failed to yield at the stop lights did go to the hospital to check for any injuries because they were pregnant.

Attorney answers (3)

  1. Michael C. Witt

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . The short answer is that while it may depend on the language of the policy at issue, I just favorably resolved an injury case for an injured client who was struck by a person with a revoked license driving a borrowed vehicle, and coverage was not an issue. On your fact scenario, the parents' insurer should handle the claim, and defend any lawsuit that may be filed. The reason for the suspension may become a side issue in the case, but I don't see, on your facts, how it would change the primary liability analysis. Let the insurance company handle it. That's what they get paid for.

    This answer is provided for general information only. No legal advice can be given without a consult as to the... more
  2. John T. Schomisch Jr.

    Contributor Level 7

    3

    Lawyers agree

    Answered . There should be no problem with the insurance claim as "driver" was a permissive user. Wisconsin statutes chapter 632 require that insurance company provide coverage to permissive users and that coverage is effective even if the permissive user allows a person not otherwise authorized to drive under Wisconsin statutes section 343.45. In short there should be no problem with insurance coverage on the claim. Make sure that the insurance company is notified.

    There is also Wisconsin case law which is ruled that whether or not a person has a driver's license is no reflection on their ability to drive.

    If the driver was ticketed for driving while suspended they may want to contact a traffic attorney and see if they are able to get the driving privileges reinstated so that they can approach the prosecuting attorney and hopefully enter into a plea agreement or a deferred prosecution agreement depending on why the license was suspended in the first place.

    With respect to the pregnant at fault driver, Wisconsin only allows a person to recover for personal injuries if they were equal or less negligent than the other party involved in the collision. In your fact situation it appears that the majority if not all of the fault would be on the pregnant driver and therefore there would be no claim for personal injury against the driver.

  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . License status has no bearing on liability. Search Avvo's "find a lawyer" for a personal injury lawyer in your city and call to obtain representation to get you the compensation you are entitled to. Good luck.

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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