QUESTION
In Pennsylvannia, does automobile insurance follow the car or the driver?
Asked on Aug 08th, 2013 on Insurance - Pennsylvania
More details to this question:
I was involved in an automobile accident. The other driver was unlicensed but their was an active policy on the vehicle she was driving. I believe the policy owner is her husband. The driver admitted 100% fault which is included in the police report. The police issued the driver 2 citations and assigned fault to the driver. The other insurance company is denying all liability "because the driver was not listed on the policy". The total amount of the damages are fairly low - ~$2500 which includes my out of pocket costs for a rental car while my car was being repaired (it was not operable following the accident). I suspect this is a bad faith denial, but have not been able to confirm PA law regarding this. Thank you in advance for your help.
1 ANSWER
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if you have coverage on your own policy, it is probably best to just go through your company and then your company will subrogate. However, if not you probably need to find out what the insurance company leans by not being listed. In some circumstances the suspended driver is an excluded driver and not covered for anything if he or she is driving a car on the policy. however, in this case if the driver is operating the vehicle with the owners permission and not an 'excluded driver" then you may want to file a complaint with the Pa Insurance Commissioner, or if you are injured have an attorney address it.
Scott Cooper
scooper@schmidtkramer.com
717-888-8888
Answered on Aug 09th, 2013 at 7:57 AM