What are my rights against an insurance company if y claim was denied?

UPDATED: Oct 1, 2022

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What are my rights against an insurance company if y claim was denied?

My car was hit and totaled almost 2 months ago. It had liability insurance only, so I filed a claim with the insurance company of the person who hit me. After a month of waiting, I filed a complaint with my state’s department of insurance because the insurance company wouldn’t answer my inquiries, only telling me that my claim is in review. It was finally denied with the reason of the person driving didn’t have permission to drive not covered on the policy. The person driving borrowed his sister’s car which is insured by their father. How can it be denied? The car had coverage. My car is totaled I also had to pay for a rental for 5 weeks. I’d like to sue the insurance company if possible.

Asked on February 10, 2018 under Accident Law, Illinois


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is standard operating procedure for an insurance company to deny a claim when the at-fault party is an unauthorized driver (not on the insurance policy).
Your only recourse is to sue the registered owner of the vehicle (sister and father who has insured the vehicle) for negligence.
Your damages (monetary compensation you are seeking in your lawsuit) would be the value of your car.

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