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Non permissive use claim
I was hit by a driver who ran a red light at a high rate of speed, who then flipped the vehicle he was traveling in. I was injured and treated.
My car was totaled. I did retain an attorney, however I am being told that the vehicle that hit me was not owned by the driver, and that the driver did not have permission to drive the vehicle, therefore my claim is being denied.
I live in GA. Does this make any sense that simply the owner's word, and not a theft charge, frees the insurance company from responsibility?
I am not sure what legal rights I have, and my atty does not seem excited about going any further. Is my claim done?
Well, an investigation must be done regarding the permissive user situation. Usually an statement from the driver is not enough. There must be something more, and just like you said, a police report or something. Most people report their cars stolen, why was this car not reported?
However, if there is more evidence that shows that this vehicle is stolen, then your claim against that policy could be precluded. You might have to go against your own insurance company if you have Uninsured property damage and/or uninsured motorist bodily injury coverage.
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