If an insured car is wrecked in an accident but the driver had a suspended license, what will happen?

UPDATED: Jul 6, 2015

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If an insured car is wrecked in an accident but the driver had a suspended license, what will happen?

The driver fell asleep; no other cars were involved.

Asked on July 6, 2015 under Accident Law, Mississippi


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

What will most likely happen is the insurer will not have to pay: allowing someone with a suspended license to drive a car is a violation of the insured's obligations under the policy, which is a contract (i.e. like with any contract, both parties, insurer and insured, have obligations; and if a party breaches its obligations, the other party does not generally have to perform or honor its own obligations), and this violation will allow the insurer to deny coverage for this incident.

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