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Who is legally liable for the damages done to my car? Since the insurance denied my claim,what avenues or steps i need to take

Montgomery, AL |

I was involved in accident with another vehicle. The police report states The driver of the vehicle failed to yield the right away to me & caused the accident.. I only had liability insurance on my car.

On the police report the owner of the vehicle is listed as Local Used Car Dealership. .My insurance informed me the insurance company X is a insurance company for dealerships only. I made a claim against this insurance & was just told my claim is being denied due to the person driving the vehicle was NOT A VALID DRIVER.

I then called my insurance & they told me the owner said the person who was driving the vehicle DID NOT HAVE PERMISSION TO DRIVE IT.& that is the reason the insurance turned down my claim

My car is totaled!. 6,000 to 7,000 car value,I feel like I'm being taken

Attorney Answers 4


  1. If I understand your question correctly, the dealership's insurer is not actually denying your claim, they are denying COVERAGE. In other words, they are saying that because whoever was driveing the dealership's vehicle was not a permissive driver, their coverage does not even apply. That sounds like something you do not want to hear, but there may be a silver lining. I understand you don't have collision coverage (Question: why were you not carrying collision coverage on a vehicle worth $7K), but you likely have uninsured motorist coverage. The DENIAL of Coverage quite possibly triggers your UM coverage, allowing you to get your car paid for by your own carrier.

    You may want to seek a consult with a local personal injury/insurance attorney. Good luck.

    The author of this post is licensed to practice law in the District of Columbia, Maryland, and Virginia. This post is intended as general information only, and is not provided as legal advice in connection with any specific case, and does not create an attorney-client relationship.


  2. If you didn't have collision coverage, your only choice is to pursue the driver individually as well as the dealer. Even if the dealer's insurance will not cover the claim, the dealer is still liable for letting this person drive their car. If the individual has insurance, you will be okay because their insurance will most likely cover the claim.


  3. If you didn't have collision coverage, your only choice is to pursue the driver individually as well as the dealer. Even if the dealer's insurance will not cover the claim, the dealer is still liable for letting this person drive their car. If the individual has insurance, you will be okay because their insurance will most likely cover the claim.


  4. This is not unusual. The dealership or employer or whoever owns the car will say the car was being driving without permission which normally means there is no insurance coverage. If someone steals your car, you are not responsible.

    But it would be interesting to know if the dealership has filed a police report for theft. When we sue these companies and they bring out the "no permission" argument, we ask them when and how they assisted the police in prosecuting this felon.

    They start to look sheepish and say they haven't. I've never seen one of these where the dealership did not ultimately admit there was permission.

    Bottom line is you might have to sue the dealership and the person. Were you hurt? If not, then no uninsured benefits. But if you were hurt (more than just your car) then you can make that claim.

    Get with a good personal injury lawyer in your city and you should be ok on this.

    Best wishes.

    John Watts

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