Can an Insurance Co. refuse to pay for damages and injuries that their client caused if they drove on a suspended license in Pa.?

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Can an Insurance Co. refuse to pay for damages and injuries that their client caused if they drove on a suspended license in Pa.?

My girlfriend was hit head on when their client went through a red light. Have a Pa. State police report stating that is what happened and an eye witness too. Their Insurance Co. has her car and has made no effort to settle claim. She has injuries that will take years to heal. An elevated first rib diagnosis, whiplash and pain in back with severe headaches. The insurance Co. appears to just not want to do anything other than say they can do nothing.

Asked on August 7, 2017 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, the insurer would not have to pay if the person was on a suspended licence because in driving on a suspended license--in violating the law--the other driver violated the terms of his or her insurance policy, which only provides coverage when the insured is legally eligible to or allowed to drive. The policy is a contract; the insurer is only obligated to pay when the other side (their driver) complies with his or her responsibilities and does not violate the contract/policy, and only when, as per the plain terms of the policy, the insurer must pay. If the license was suspended, however, the insurer would not have to pay, though your girlfriend can still sue the other driver personally for her injuries, medical bills, and car damage.


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