Can you claim from insurance when person driving your car doesn't have a licence

kimkay · May 20th, 2011, 12:31 PM

My boyfriend took a friend home in my car and ended up in an accident. I didn't know he had taken my car. He told me he had a licence but it had expired. I thought he meant his drivers licence but he meant his learner's licence. So now the insurance company doesn't want to pay because of the situation (I told them the truth about him taking the car) and I have been quoted about R70 000 for the damage - which has to come out of my pocket. So now because of him I can't claim from my insurance.
What can I do in this situation?

Kim

AFFA · May 20th, 2011, 04:17 PM

I wish to inform you that your insurance contract determines your claim. If insurance policy states that driver must have a valid licence with him then you may not claim and in such circumstances you can claim amount from driver for loss caused to you. If your insurance cover doe not mention requirement of having a licence then you can claim compensation because agreement allows you to have claim. Your right is governed by your agreement terms.

AFF

lunchbox · May 21st, 2011, 09:38 AM

If the insurance policy explicitly implies that they will not cover damages caused by situation such as yours, they have the legal rights to do so.

naina micheal · May 25th, 2011, 07:18 AM

There should have car insurance in such case..

Stanleyy · May 27th, 2011, 01:10 PM

It is really prohibited that we can not make claim for any accident without driving license..
you have to be conscious about the insurance companies policies..

Los Angeles Fitness Trainer

May 20th, 2011, 12:31 PM	#1
kimkay Junior Member Country: Join Date: May 2011 Location: Johannesburg Posts: 1	Can you claim from insurance when person driving your car doesn't have a licence My boyfriend took a friend home in my car and ended up in an accident. I didn't know he had taken my car. He told me he had a licence but it had expired. I thought he meant his drivers licence but he meant his learner's licence. So now the insurance company doesn't want to pay because of the situation (I told them the truth about him taking the car) and I have been quoted about R70 000 for the damage - which has to come out of my pocket. So now because of him I can't claim from my insurance. What can I do in this situation? Kim

May 20th, 2011, 04:17 PM	#2
AFFA Top Level Member Join Date: Dec 2009 Posts: 12,537	Re: Can you claim from insurance when person driving your car doesn't have a licence I wish to inform you that your insurance contract determines your claim. If insurance policy states that driver must have a valid licence with him then you may not claim and in such circumstances you can claim amount from driver for loss caused to you. If your insurance cover doe not mention requirement of having a licence then you can claim compensation because agreement allows you to have claim. Your right is governed by your agreement terms. AFF
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May 21st, 2011, 09:38 AM	#3
lunchbox Banned User Country: Join Date: Apr 2011 Posts: 62	Re: Can you claim from insurance when person driving your car doesn't have a licence If the insurance policy explicitly implies that they will not cover damages caused by situation such as yours, they have the legal rights to do so.
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May 25th, 2011, 07:18 AM	#4
naina micheal Junior Member Country: Join Date: May 2011 Location: Atlanta Posts: 5	Re: Can you claim from insurance when person driving your car doesn't have a licence There should have car insurance in such case.. __________________ www.myatlantainjurylawyer.com
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May 27th, 2011, 01:10 PM	#5
Stanleyy Banned User Country: Join Date: May 2011 Posts: 4	Re: Can you claim from insurance when person driving your car doesn't have a licence It is really prohibited that we can not make claim for any accident without driving license.. you have to be conscious about the insurance companies policies.. Los Angeles Fitness Trainer Last edited by Stanleyy; May 28th, 2011 at 11:31 AM.
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