Auto insurance IL minor rear end with someone else’s car – permission granted to drive?

My ex-wife was driving a car, that legally my dad is owner and he did not grant her permission to drive. She is not listed as driver. She got into a rear-end accident in IL, don’t know who’s at fault, other party could have reversed into her. I explictly instructed her not to drive car that day, however as i tried to stop her, she refused, and told her to drop me off at train stop. Still told her not to drive. Other party is claiming loss of bumper repair & medical injuries from my ins co. What grounds do I have to decline coverage – no permission? Policy states owner must give permission.

Asked on June 16, 2009 under Accident Law, Illinois

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think your father needs to talk to an attorney about this accident, before anything more is said or done.  I'm not an Illinois lawyer, and I don't have all of the facts, which an attorney in your area would need to give reliable advice.  One place to find a lawyer is our website, http://attorneypages.com

I'm far from certain that denying coverage is the best way to go, here.  And I wouldn't count on having it turn out that the other driver backed into your ex-wife, either, unless you have an impartial witness's statement saying so.


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