What constitutes an authorized driver for insurance purposes?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What constitutes an authorized driver for insurance purposes?
My buddy took my car without my permission and got into a accident while he was drunk. He got a DUI, totaled my car, and totaled the person’s car that he hit. I have spoken with my insurance company, got the car released to them and started a claim. Then they called and said that they want a recorded conversation talking about if he was a permissible driver and if they come to the conclusion he isn’t, there is a possibility my insurance won’t cover the other car. What should I do?
Asked on October 28, 2010 under Insurance Law, Utah
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If he took the car without your permission then he is not an authorized user of the vehicle. You insurance policy as well as the law in your state will define who is an authorized user. In some states drivers are authorized if they have permission to drive the vehicle even if they are not listed on the policy (known as permissive use doctrine). In other states they must be listed on the policy to be authorized. You need to speak with an attorney in your state as to the state law and what will happen in the case should they disclaim coverage for non-permissive use (yes, it means that they will not cover the accident but it does not mean that you will necessarily be labile). Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.