Can insurance rescinded the policy after accident

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Can insurance rescinded the policy after accident

A friend was driving had an
accident and wasn’t on the
policy as driver no injuries or
property destroyed except car
damage. Can the insurance come
out and say they want to
rescinded the policy and
pretend never existed at all?
And the car had full policy
coverage.

Asked on January 18, 2018 under Accident Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

California State Law allows for someone to drive your car under the "permissive use" statute.  You should bring the policy to an attorney who deals in tort liability and ask about recovering under the policy.  Unless your carrier is claiming a fraudulent accident and claim I can not see how they can rescind at this point given the facts.  But state law matters.  Also, write to the Department of Insurance and file a grievance.  Good luck.


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