If an at-fault driver pays me in cash for the accident, can I still file a claim with my insurance company?

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If an at-fault driver pays me in cash for the accident, can I still file a claim with my insurance company?

I was rear-ended by a 17 year old driver who was driving her brother’s car. Her brother had insurance on the car and said he gave his sister permission to drive the vehicle which was 2 months past inspection. The brother has some fly-by-night insurance company that is telling me that there are coverage issues because she is an excluded driver on the policy. So after this came to light, the mother of the 17 year old girl and 20 year old boy reached out to me to take care of the repair in cash. If I do that option, is it illegal for me to then file a claim with my insurance company to have the repair done using the proper OEM parts with the proper warranties, etc.?

Asked on August 17, 2017 under Accident Law, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The brother's insurance company is correct. Your claim was denied because the sister was not on the insurance policy and therefore was an unauthorized driver.
Your insurance company will deny your claim because the other driver was at fault.
Therefore, your best option is to have the parent pay for the repairs to your car. 
If the parent doesn't pay, sue the 20-year-old registered owner for negligence. Your damages  (monetary compensation you are seeking in your lawsuit) are the cost of repairs to your vehicle.


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