My boyfriend got in a car accident while driving my car. He wasn’t in my insurance and no license. My insurance tells me they cancel my policy due to this. I understood they wouldn’t cover my car but they are now saying they won’t cover the other car either? Can they do this?
It depends on whether he is properly excluded under the terms of the policy. He probably was, being unlicensed. Read your policy. If you don’t understand it, retain an attorney to review it and explain it to you. In any event, the insurance company will be required to provide their rationale for denying coverage.
They can cancel if they follow the proper statutory process. It would not affect the existence of the policy on the date of the collision. That would require a rescission. As long as your boyfriend had permission to driver your car, and you did not exclude him from your policy, he should be insured and your car should be covered.
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There are ways they can. If your boyfriend and you lived together and you did not answer questions about this when you obtained the insurance, then they can. There are other ways also. If you did not live together and your premiums were paid, then it is questionable. You may want to cal the California Insurance Commissioner and file a complaint. You can also look for an insurance bad faith attorney that can look at all of the facts to determine if they have a basis to do this.
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