If someone hit and has insurance but later their insurance co say that they did'nt have a DL are the insur co still liable.

As long as the adverse driver had a valid driver's license at the time he initially took out the policy, the insurance company is most probably liable to pay any damages he causes, up to his policy limit.

If the adverse insurance carrier has denied coverage, this now triggers your own uninsured motorist coverage. You should report this matter to your own insurance company and pursue the claim through them under your UM coverage.

If you experience further difficulties with either the adverse insurance carrier or your own carrier, you may want to consider filing a complaint with your state's Insurance Commissioners Office.

If you have suffered a personal injury, you should contact a personal injury attorney in your area to see whether or not they are in a position to undertake your representation.

Legal Disclaimer:

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 insure proper advice is received.

As a general statement, an insurer can decline coverage on an insurance policy to it's insured if that insurance is based in part on the insured having a valid driver's licence and the investigation determines the insured did not have a valid driver license.

For a specific answer to your situation, you need to have an attorney review the insurance policy, the facts of the investigation and all the details of the coverage denial opinion issued by the insurer.

You still have an argument that the other driver was at fault and you may pursue your legal remedies against that other driver.

You might find my Legal Guide helpful "Ethics: Yes I Need a Lawyer!"

http://www.avvo.com/legal-guides/ugc/ethics-yes... You need a lawyer.

Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.