What legal options are available after an at-fault accident with an unlicensed company driver disputing liability?

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Liz

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Insurance companies may deny coverage if they believe the policyholder violated the terms of the policy. This can include situations where the driver was unlicensed, as in your friend's case. If the company truck driver was unlicensed, the insurance company might argue that this voids their obligation to cover the accident.

Then your friend can consider filing a lawsuit against the driver personally or the company that owns the truck. Since the driver was found at fault, your friend may be able to recover damages directly from them. If the driver was working for the company at the time, the company might also be liable under the legal doctrine of respondeat superior, which makes employers responsible for their employees' actions during work.

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A friend of mine was recently in an accident where the other driver was in a company truck, without a license, and the other driver was found to be at fault for the accident. What other recourse do we have alongside the insurance claims process?

Lexi, Chatbot

I'm sorry to hear about your friend's accident. That sounds like a challenging situation. Can you tell me if your friend has already started the insurance claims process?

Yes, he has.

Lexi, Chatbot

Has your friend gathered any documentation or evidence related to the accident, such as a police report or witness statements?

Yes he has—photographs, highway patrol report, and documentation from related hospital visits.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your accident recourse.

No.

Liz

Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. So I can best help, does your friend have medical bills that are uncovered by insurance?

I am unaware if there is or not at the moment. It has only been a few days since the accident and we were just made aware that the other side is attempting to dispute fault, though we have been informed they will be given until tomorrow to provide evidence to support this dispute.

Liz

Thank you for sharing that. With fault, how did the accident occur?

He was driving straight when the other driver in the opposing lane took a left-hand turn in front of his vehicle to get into a private drive. My friend struck the right front side of the truck and there was a significant amount of damage to both vehicles.

Liz

The person making the left is usually considered at fault, since they don't have the right of way unless there is a specific traffic sign. If the insurance also does not cover it, the person could be sued directly for the accident.

I see. In what case would the insurance not cover it? If the other insurance company decides that the other driver violated the terms of his coverage, such as having the unlicensed driver for the company, they could argue that they do not have to pay out since the policyholder was in violation?

Liz

I see. Would it be wise to get in touch with an accident attorney in my area in case the other insurance policy denies him coverage?

Liz

That can be a very good idea.

Is there any way I can recommend you? I see the rating system on the front page and this conversation has helped a great deal.

Liz

I appreciate that. I believe you can use the rating system to review. I admit, I can't see your side of things.

Liz

I hope I was able to help! If you have any other questions, feel free to ask.

Liz

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