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If my daughter was driving my car and totaled it (comp and collision insurance on it) Can my insurance refuse to pay?

Palm Coast, FL |

My daughter totaled my car she was not on my policy and now my insurance refuses to pay and says they are going to release me from coverage. Do I have any legal ground here, is there anything I can do?

Attorney Answers 8

  1. Best answer

    The answer will likely depend on what information you provided to your insurance agent or company at the time of insurance application. Hire counsel.

  2. Contact an attorney that works in the area of bad faith auto claims litigation. Carriers have a duty to deal with their contracted insureds with what we call "good faith," and an experienced attorney will be able to help you start the process of receiving compensation for the claim -- unless the carrier has an airtight defense.

    Good luck!!

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

  3. This type of situation requires a review of the insurance policy and a discussion regarding who is /is not a permissive driver under the policy. It's probably not as clear cut as you have been told... A consultation is highly recommended here.

  4. Have a local lawyer investigate the policy

  5. Have your policy reviewed by an auto accident attorney before having any further conversations with the insurance company.

  6. Yes, did she live with you? If so how long had she been living with your prior to the auto accident. Typically, depending on the policy language most carrier request anyone over over the age of 16 that is license to be added on to a policy whether they are authorized to driver your vehicle or not. If you failed to add them to the policy they have you on a policy violation. Call a lawyer and they will ask you specific quesitons that will let you know.

  7. It depends on what information you provided when you purchased the policy and if your daughter was excluded from coverage. You need to hire a lawyer to provide an opinion to you.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me, or visit my website

  8. Yes, I suggest you make an appointment with a civil defense attorney who handles insurance coverage issues. Make sure he does not have a conflict with the insurance company that you have. He will need to review your insurance application and discuss the facts surrounding the entire matter.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

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