Insurance company will not pay for my totaled truck. They say the driver did not have permission to drive the car

You can find out if the girl who was driving has any assets. She is liable for the damage she caused regardless of whether she has any insurance. (The first rule of litigation is, don't sue people who don't have assets because if you can't collect on your judgment, what good is it?) But if she has assets, or a steady job, you may be able to collect something.

I'm sorry for the loss of your property. Good luck to you.

Don't take what I say as legal advice since I don't hold a Pennsylvania law license. What I say here is just information based on general principles of law which is intended to educate. If you need legal advice, please consult a lawyer who holds Pennsylvania licensure.

If your truck only had liability coverage, I am guessing that the truck's value was limited (though obviously not cheap to replace). I believe that your local district justice's office will have a "jurisdictional limit" (the maximum amount you can sue for there) of at least $10,000. This is small claims court. Hire a lawyer who will pursue your claim for a reasonable flat fee. You may have to do some of the leg-work yourself, at that attorney's advice and direction. If you file the claim in small claims court, you will want to name the driver AND the owner as defendants. This may force the owner's insurance company to defend. Your attorney will want to ask the owner whether the vehicle was reported as STOLEN, for starters. The circumstances suggest that the driver did have implied permission to drive the vehicle - at least from her passenger, who was likely an "insured" or even a "named insured" under that car's policy. It strikes me that the insurance company is trying to stiff you simply because they think they can. This is the best way I can think of for you to take them to task. Hope it helps.

You may not have any choice but to file suit against the drunk driver and also the owner of the vehicle. There may be "implied" permission to drive the vehicle in this instance, depending on the facts. This might only be determined if you are able to take depositions of the involved parties, under oath.

However, one thing that hasn't been mentioned, is whether or not you have uninsured motorist coverage. Oftentimes you are required to carry uninsured motorist coverage in the same amount as your liability coverage. If you have that coverage available, make the claim against your own carrier for the damage caused by the uninsured drunk driver.

To avoid future hassles like this, you should maintain full and adequate insurance on all of your business vehicles as well as your personal vehicles.

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.