Can I fight a car insurance claim denial?

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Can I fight a car insurance claim denial?

My son was involved in a car accident with 3 other cars in my truck. He took my truck while I was sleep and he was drinking. I had full coverage insurance but he wasn’t added to the policy because his license was revoked and he wasn’t driving. The car insurance company denied my claim and canceled my policy back to the start date four months ago. Can I fight

this?

Asked on October 29, 2018 under Insurance Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

About the only way you could realistically fight this would have been if you had promptly pressed charges against your son for stealing the truck. If you allow someone who does not have a license and who lives with you but is not on your policy to drive, you are violating your obligations under the policy and will not be covered. But if someone steals the truck, you would be covered. But you can't just give lip service to him stealing; you would have had to file a police report for theft and pressed charges. There is no middle ground of "not stealing but did not have permission": either they had your permission (even if only tacit or implied and not expressed) or they stole, because someone who took your car without permission stole it.


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