Legal question for state of Virginia Auto accident not your fault?

Question

You are driving along when another driver loses control of the car he is in and hits you head on! upon investigation you learn the other driver is 16 only has a learners permit and did not have a license driver with him, he was alone in the car. The car belonged to his grandfather. will the grandfathers insurance cover the accident. I had or have full coverage ins. on my vehicle but don't think it is right for my ins. to cover the accident when he was at fault, especially when I have a $500. deductible Again will the grandfathers ins. cover the accident or will they take the stand that he should not be driving the car so your not covered???? My wife was driving and was also alone she took a ambulance ride to the hospital and has only a pulled muscle ( thank God ) The other driver 16 was charged with reckless driving. I know I rambled a little but the facts are there I need answers good ones!

Answer 1

ins companies often do not follow the letter of the law nor do they do what is "right". They do what is best for them in the long run and going after the other side may be to costly for them so they figure easier to just pay up. Also often the ins co. will pay you first (minus the deuct of course) and then pursue other side when & if they get anything from them they "may" refund your $500 deduct. Dont expect any ins. co. to hand over $ without being asked first. It is sad to say but I would seriously suggest just getting an attorney and threaten or file suit to at least get the grandparents ins co to toe the line and whomever is the 16 year olds legal guardian. You relaly need to be up front with attorney though to let them know what your desired outcome is. If it is just to get all bills that your ins. co. dont cover paid then say so. If you want the whole pot of gold then say so. How he lawyer proceeds and what his fee is will depned on your desired outcome.

Answer 2

I think they will cover it and then refuse to renew his (the grandfather's) policy since he let an unlicensed driver use the vehicle, which I'm sure you're not really worried about.

Answer 3

The Grandfathers insurance may not pay but it doesn't really matter a whole bunch.  You would be smart and have little choice but to use your own insurance even though you have to put up the $500.  deductible.  Your insurance company will pay for all of your damages and then they will go after the other party.  When/if they collect, they will return your deductible to you