insurance co is denying liablity for driver not listed on their policy

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Feb 12, 2012

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Insurance Question from Pasadena, TX

Asked on 02/12/2012

insurance co is denying liablity for driver not listed on their policy In TX is it legal to deny liablity although the car is covered, the driver wasn't listed on policy.What recourse do i have with the drivers insurance co? My car was totaled and i do have insurance but will not get a new car back. Is there any laws for insurance companies

Answer given on February 19, 2012

Insurance companies have different rules for their insurance policies. There are some policies that require a driver to be listed on the policy or there is no coverage on the car.Since you have insurance on your car, I suggest that you file a claim through your insurance company. They will pay to repair your car, or if it is a total, they will pay the actual cash value of your car. Whether your insurance company or the other insurance company settles to pay for your car, you will not get the cost of a new car either way.If your insurance company settles the claim for you, they will try to subrogate against the other insurance company for what was paid out. If they are not successful they will probably try to get settlement from the other person, although they probably won’t be successful. If you have uninsured motorist property damage, you may be able to recoup your deductible if your insurance company cannot collect from the other insurance company or other person.

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