• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Insured vehicle, driver not insured or given permission to drive.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

lebshiff21

Junior Member
What is the name of your state? PA

Accident occured in gas station parking lot...

Finished pumping gas, as I was pulling away, I noticed a car coming towards me, I stopped, started honking horn. The driver of the car coming towards me didn't see me (?) and struck my left front w/ the left front of his car. The car is insured by his friend's girlfriend and the driver has no car insurance (doesn't own a car). The insured's insurance company (Nationwide) is not providing coverage since the insured did not give permission to let the driver drive.

I have eyewitnesses, a police incident report stating that I was stopped at the time of the crash, and a surveillence camera video showing it happen. Who do I go after? There's no way I should be out my deductible ($1000) because the insured just didn't decide to give permission to the driver.

HELP!
 


Lynx 36

Member
lebshiff21 said:
What is the name of your state? PA

Accident occured in gas station parking lot...

Finished pumping gas, as I was pulling away, I noticed a car coming towards me, I stopped, started honking horn. The driver of the car coming towards me didn't see me (?) and struck my left front w/ the left front of his car. The car is insured by his friend's girlfriend and the driver has no car insurance (doesn't own a car). The insured's insurance company (Nationwide) is not providing coverage since the insured did not give permission to let the driver drive.

I have eyewitnesses, a police incident report stating that I was stopped at the time of the crash, and a surveillence camera video showing it happen. Who do I go after? There's no way I should be out my deductible ($1000) because the insured just didn't decide to give permission to the driver.

HELP!
oops double post.
 
Last edited:

Lynx 36

Member
lebshiff21 said:
What is the name of your state? PA

Accident occured in gas station parking lot...

Finished pumping gas, as I was pulling away, I noticed a car coming towards me, I stopped, started honking horn. The driver of the car coming towards me didn't see me (?) and struck my left front w/ the left front of his car. The car is insured by his friend's girlfriend and the driver has no car insurance (doesn't own a car). The insured's insurance company (Nationwide) is not providing coverage since the insured did not give permission to let the driver drive.

I have eyewitnesses, a police incident report stating that I was stopped at the time of the crash, and a surveillence camera video showing it happen. Who do I go after? There's no way I should be out my deductible ($1000) because the insured just didn't decide to give permission to the driver.

HELP!
If the insured did not give permission to the driver of the car to drive it then Allstate is w/in their right to deny coverage. The insured's boyfriend does not have authority to give the permission as he isn't the owner of the car. Your other option would be to sue the driver and try and recover your damages. Sounds like minor damage so you may have the option of small claims court.

Your insurance co. would do the same thing Allstate is doing if the tables were turned.
 

You Are Guilty

Senior Member
Lynx 36 said:
If the insured did not give permission to the driver of the car to drive it then Allstate is w/in their right to deny coverage. The insured's boyfriend does not have authority to give the permission as he isn't the owner of the car. Your other option would be to sue the driver and try and recover your damages. Sounds like minor damage so you may have the option of small claims court.

Your insurance co. would do the same thing Allstate is doing if the tables were turned.
Only option: sue the driver AND the owner.
 

Lynx 36

Member
lebshiff21 said:
why both? and would I need a lawyer for small claims court? I really appreciate the advice.
You Are Guilty is correct. They should both be named if there is a lawsuit, as they both could be found liable. No, you don't need a lawyer f/ small claims court. If it goes that far make sure you keep all your written documentation as well as line your witnesses up, then go present your case.
 

You Are Guilty

Senior Member
lebshiff21 said:
why both?
Because, as noted, under certain scenarios, the owner can be held liable and you want to make sure that you have every potentially culpable party included so that no matter who is at fault, you still win.

would I need a lawyer for small claims court?
Nope, and in some states, you are actively prohibited from using one in small claims. Speak to the Court Clerk of the small claims part - they are extraordinarily helpful.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top