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Car accident, insurance claim on suspended drivers license.

Sheboygan Falls, WI |

Here is the situation, the driver was involved in an accident in parents vehicle (with full coverage insurance) and was not at fault. The driver was not on the parents insurance policy nor did they live with them. The driver also did not have a valid driver's license due to improper insurance on thier behalf (the driver was required to have an SR22) and the parents were unaware of the suspended driver's license.

Can the insurance companies filing the claim obtain past information of the driver's insurance policies and driver's license status.

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Attorney answers 4


Of course they can obtain information about the status of the policies and the driver's license status. They are entitled to this information.

I will evaluate your case for free. Joyce J. Sweinberg, Esquire 215-752-3732 Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.


Your question is unclear.

I believe that you are asking whether the host vehicle's policy can find out info about the driver's past insurance policies and suspended driver's license. If so, the answer is yes.

However these facts should not have any effect on the determination of fault in the accident. If you are more concerned about insurance rates going up, etc., then perhaps this is a question better suited for an insurance broker as opposed to an attorney.

The aforementioned opinion does not constitute legal advice and is for general informational purposes only. See an attorney licensed in your jurisdiction for competent legal advice. No attorney-client relationship has been formed through the within legal question and answer session.


Yes, they can. More importantly, when dealing with the insurance company that you are relying upon to cover you for any claims made against you, you owe them a contractual duty of cooperation and candor. You have yet to come out and say specifically what you are worried about, but assuming you are either the suspended driver or the suspended driver's parent, you need to cooperate with your insurer, and let them handle it. You have no obligation to speak to anyone else, and probably shouldn't. The requirement for an SR-22 likely means a prior uncovered accident, or an OWI conviction. Any and all parties or insurers involved can readily find these things out, and lying about them is not a good idea. As long as your only claim is for property damage, let your (or your parents') insurance company handle it. They have a duty to defend you, and would normally notify you in writing if for any reason they thought you needed independent counsel. There is no suggestion in your post that the parents knowingly let an unauthorized person operate their vehicle, or that the suspended driver was aware of the insurance lapse that resulted in the suspension, so don't over think it. This is precisely why people have insurance. If you are the suspended driver, you should take care of the insurance lapse, pay any required reinstatement fee to the DOT, and show up at the court date on any OAS citation you may have received with a valid license in hand. Plead not guilty, and speak to the prosecutor. If you can show you have taken care of the problem, they may be willing to dismiss, or amend to something more innocuous like no d.l. on person. If you have other tickets, you probably should consult a Wisconsin traffic ticket lawyer.

This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.


Yes. During the discovery process in a lawsuit, the insurance companies involved have broad powers to secure information that is relevant to the claim. Some of this information may be irrelevant, but as long as it can be said to be likely to lead to the discovery of relevant information, the companies can obtain it by subpoena or by notices to produce. You have a messy situation with coverages here. I'd strongly recommend you talk to an attorney who has some fairly substantial experience in Wisconsin insurance coverage issues immediately. If there is no coverage, the parents could be on the hook for the entire bill for repairs and bodily injuries.

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