Can I fight a car insurance claim denial?

UPDATED: Oct 1, 2022

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Can I fight a car insurance claim denial?

My son was involved in a car accident with 3 other cars in my truck. He took my truck while I was sleep and he was drinking. I had full coverage insurance but he wasn’t added to the policy because his license was revoked and he wasn’t driving. The car insurance company denied my claim and canceled my policy back to the start date four months ago. Can I fight


Asked on October 29, 2018 under Insurance Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

About the only way you could realistically fight this would have been if you had promptly pressed charges against your son for stealing the truck. If you allow someone who does not have a license and who lives with you but is not on your policy to drive, you are violating your obligations under the policy and will not be covered. But if someone steals the truck, you would be covered. But you can't just give lip service to him stealing; you would have had to file a police report for theft and pressed charges. There is no middle ground of "not stealing but did not have permission": either they had your permission (even if only tacit or implied and not expressed) or they stole, because someone who took your car without permission stole it.

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 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.

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