Can an Insurance Co. refuse to pay for damages and injuries that their client caused if they drove on a suspended license in Pa.?

UPDATED: Sep 30, 2022

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Can an Insurance Co. refuse to pay for damages and injuries that their client caused if they drove on a suspended license in Pa.?

My girlfriend was hit head on when their client went through a red light. Have a Pa. State police report stating that is what happened and an eye witness too. Their Insurance Co. has her car and has made no effort to settle claim. She has injuries that will take years to heal. An elevated first rib diagnosis, whiplash and pain in back with severe headaches. The insurance Co. appears to just not want to do anything other than say they can do nothing.

Asked on August 7, 2017 under Accident Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, the insurer would not have to pay if the person was on a suspended licence because in driving on a suspended license--in violating the law--the other driver violated the terms of his or her insurance policy, which only provides coverage when the insured is legally eligible to or allowed to drive. The policy is a contract; the insurer is only obligated to pay when the other side (their driver) complies with his or her responsibilities and does not violate the contract/policy, and only when, as per the plain terms of the policy, the insurer must pay. If the license was suspended, however, the insurer would not have to pay, though your girlfriend can still sue the other driver personally for her injuries, medical bills, and car damage.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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