As a regular part of their job, accident lawyers are called upon to examine and interpret the car insurance policies that apply in the aftermath of a crash. For the innocent victims of the crash, certain policy exclusions can be devastating.
Take for example a recent client who was struck by a driver whose license had been revoked due to too many dui convictions. This driver had no drivers license and had borrowed a friend’s car. Under Georgia law, even though the driver had no license and no insurance of his own, the insurance policy on the vehicle covers anyone driving the vehicle with permission. (understand that if a person is not a permissive user, they are not covered by the vehicles insurance) We sent out the certified letters to USAA insurance request they disclose the insurance policy limits and disclose any policy defenses. If this policy is drafted like most, it will continue an exclusion for coverage when the vehicle is operated by an unlicensed driver.
If that happens, what are the client’s options?
If the client does not have uninsured motorist insurance, then the policy exclusion is void for public policy reasons because we do not want innocent victims with no other recourse to be left paying their own medical bills after a car accident. Travelers Ins. Co. v. Progressive Preferred Ins. Co., 193 Ga.App. 864, 389 S.E.2d 370 (1989)