Am I able to make a claim against the insurance company for insuring a women over 80 to drive and when she probably should not have been driving?

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Am I able to make a claim against the insurance company for insuring a women over 80 to drive and when she probably should not have been driving?

She had glaucoma and she killed my father because she did not see him

Asked on April 17, 2009 under Accident Law, Wisconsin

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You can sue the 80 year old driver / car owner for her negligence, and her insurance company will be bound to pay the settlement or judgment up to her policy limits.

But her insurance company need not give her a road test or take away the keys and it seems to have done nothing wrong and thus has no additional liability for issuing a policy.


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