What is the purpose of a law to have insurance if it is not going to be enforced??

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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: Jan 17, 2012

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Insurance Question from Arlington, TX

Asked on 01/17/2012

What is the purpose of a law to have insurance if it is not going to be enforced?? A car slammed into the back of me while I was stopped in a line of traffic. The insurance company insuring the other vehicle denied my claim because "any person not listed on the policy is automatically excluded". Why is such a policy legal when the purpose is not justified for the innocent party involved when the fault of another letting someone else drive their vehicle causes damages and injuries to be left for the one suffering to pay? The person driving and owner of the car are just free of any charges for damages, pain, & suffering they caused me. Is there legal action I can seek?

Answer given on January 18, 2012

In most states, the insurance follows the vehicle.  Therefore, if you give permissive use to someone to drive your car and they get into an accident, their insurance on that vehicle will pay.  I am not sure what restrictive language is in this policy to allow them to decline this claim due to the fact that the owner was not driving.  You should definitely seek the advice of an attorney in this matter and let him file a claim for your injuries as well as the damage to your car.  To find an attorney in your area, click here.   

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