If my son borrowed my car and hit a deer, will my insurance cover this?

UPDATED: Apr 18, 2016

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If my son borrowed my car and hit a deer, will my insurance cover this?

My son borrowed my car last night and hit a deer. The car has full coverage but he just informed me that he does not have a valid license. Will my insurance cover this? I was under the impression that he had a valid driver’s license when he borrowed my car.

Asked on April 18, 2016 under Accident Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If he did not have a valid driver's license, your insurance will almost certanly *not* cover the loss: in allowing an unlicensed driver to drive, you most likely violated your obligations under the policy. (Most policies allow the insurer to disclaim coverage if an unlicensed driver drives.) Check the policy's exclusions and limitations to confirm whether this is the case: an insurance policy is a contract, and the insurer must provide coverage whenever the terms of the policy say they must--and does not have to cover when the terms of the policy allow them to avoid paying. 

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