A driver hits me and the truck belongs to his brother and does not have a license will my damages be paid?

Question

the driver hit me and he does not have a license and the truck belongs to his brother will his brothers insurance pay for my damages

Answer 1

In most cases the Third Party Liability cover remains in force, yet the coverage on the damage to the truck would be null and void since the driver was not licensed.  In this case, the insurance company MUST cover the third party (you) but is free to attempt recovery from the policy holder and the vehicle's operator and will likely do so.

As long as the policy limits on the 3rd party property damage coverage are greater than your loss, you'll recover from the owner's insurance company.  If your loss is greater than the policy limits then you'll have to either recover from your insurance company or the owner and operator of the vehicle.  If you have collision coverage (comprehensive cover in the UK) then your insurance company will pay you and recover from the other driver's insurance company up to the policy limits and the owner and operator for any excess.

Answer 2

In general, liability follows the vehicle, at least it does in the US.  Unless the brother was specifically excluded then the insurance company will pay for the damages.  

If you run into problems with the insurance company, consider filing a claim under your own Collision Coverage.  Your insurer will pay you, and then subrogate in an effort to recover what they paid out.

Answer 3

absolutely, though you you probably want to invest in lawyer.  They know the ins and outs and how to cut through the bull.  Insurgence companies never want to pay

Answer 4

no... the insurance is void and doesnt count when driven by an unlicensed driver. u can take him to court though and he will have to pay out of his own pocket