Is an insurance company liable if a deceased insured’s car is driven by their daughter and she has an accident?

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Is an insurance company liable if a deceased insured’s car is driven by their daughter and she has an accident?

I was hit by a lady who was driving her deceased mother’s car. The daughter gave

her mother’s insurance information to the police that the insurance was still being paid. However, now the insurance company is telling me that they won’t pay to get my car repaired because they need proof that the daughter had a legal right to drive her mother’s car. I’m not sure what to do now.

Asked on February 13, 2017 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, the insurer would not be liable if the daughter did not have the legal right to drive: insurance only covers legal or permitted drivers of the car. If the mother died and the daughter simply started using her car without having the authority, as the estate's personal representative or without inheriting the car after probate, to drive it, that is essentially the same as if someone stole the car--the insurance doesn't cover it.
You can, of course, sue the daughter personally for the damage she did and look to collect from her, regardless of the state of the insurance.


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