Will my car damages be covered by negligent drivers insurance company?

Asked 8 months ago - Allentown, PA

My boyfriend drove my secondary car a short distance to provide a ride to me and our children from auto shop. On the way a drunk driver crossed into on coming traffic lane striking my car being driven by my unlicensed boyfriend, causing my car to be totaled with the impact. The drunk drivers car then struck a lanta transportation bus behind me as well. The lanta bus camcorder captured the accident making the accident evident that the drunk driver was 100% at fault. Drunk driver is insured. Will his insurance company be responsible to cover my car damages even though my boyfriend does not have a license and was driving my car at the time of the accident?

Attorney answers (5)

  1. David Herman Hirsch

    Contributor Level 20

    6

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . The fact that your boyfriend didn't have a license and was driving your car doesn't preclude you from recovering for the damage to your vehicle caused by the negligent conduct of the drunk driver. His insurance should cover it... Also, if your boyfriend was injured he should seek medical treatment and consult with a personal injury attorney. Personal injury attorneys typically handle cases on a contingency fee basis and give free consultations. Use the Find a Lawyer tab on Avvo to find one in your area. Best of luck to you...

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.

  2. Christopher Anthony Piazza

    Contributor Level 8

    6

    Lawyers agree

    Answered . Yes. The drunk driver should be liable regardless of your boyfriend being unlicensed. Contact local counsel

  3. Dennis Wayne Tackett

    Pro

    Contributor Level 18

    6

    Lawyers agree

    Answered . Yes, the drunk driver's insurance will pay up to the limits of insurance. I am concerned there may not be enough insurance. There is your car and a bus involved. You should also turn this into your insurance company . If your boyfriend is injured, he should consult with a personal injury attorney near your city.

  4. John L. Schroeder

    Contributor Level 18

    6

    Lawyers agree

    Answered . The fact that your boyfriend was unlicensed should not make any difference. It sounds like the accident was quite serious and if you were injured should seek the help of a lawyer. You could check this web site or the local bar association for a lawyer.

  5. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . Yes. His lack of a license has no bearing on the adverse driver's negligence. However, that might not stop the insurance carrier from trying to claim that it does. Do not volunteer your boyfriend's lack of licensure to the adverse insurance carrier.You should move quickly to have your damage repaired, because if the bus has extensive damages, it may take up most or all of the property damage coverage. Get your car appraised independently and also make sure the insurance company sends an adjuster out to look at your damaged car ASAP.

    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.

    Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to... more

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