Yes. Insurance policies are contracts. In determining whether to issue an auto insurance policy to a particular invididual, and how much to charge for the insurance, the insurance company will ask the applicant many questions to ascertain what his or her driving record is, and to determine what are the driving records of others who may be operating the car(s) to be insured. The applicant's failure to list everyone who may be driving the car on the insurance application -- or to later provide the insurance company such information if there is a change -- has been construed by the Virginia Supreme Court to be a material factor that affects the insurance company's decsion whether to issue the policy, and what premium to charge, and therefore may render the polciy void. An experienced Virginia auto accident attorney can help you though. Your daughter should file a suit against the other driver for her injuries and other compensable losses arising from the accident, and also name as a defendant your auto insurance company. Your auto policy will have Uninsured/Underinsured Motorist (UM/UIM) coverage to protect her from obtaining no compensation for her injury. Also, you should check your auto policy to see whether you elected to buy MedPay coverage. This coverage is offered by all Virginia auto insurance companies, but is optional coverage the policy holder can elect to obtain. It is good to have because it reimburses for medical expenses incurred in an accident regardless if other insurance (such as your health care coverage through your employment) has already paid those costs.

Frequently Asked Questions

 


Q: My teenage daughter was injured in an auto accident recently and was not at fault. The accident occurred in Richmond on I-95/I-64. The other car was driven by the owner's nephew, and because the nephew lived with the owner and was not listed as a potential driver of the car when the application for insurance was made, the insurance company is denying coverage. Can the insurance company do this even when the owner of the other car paid the insurance premiums on time?

A: Yes.

Insurance policies are contracts. In determining whether to issue an auto insurance policy to a particular invididual, and how much to charge for the insurance, the insurance company will ask the applicant many questions to ascertain what his or her driving record is, and to determine what are the driving records of others who may be operating the car(s) to be insured. The applicant's failure to list everyone who may be driving the car on the insurance application -- or to later provide the insurance company such information if there is a change -- has been construed by the Virginia Supreme Court to be a material factor that affects the insurance company's decsion whether to issue the policy, and what premium to charge, and therefore may render the polciy void.

An experienced Virginia auto accident attorney can help you though. Your daughter should file a suit against the other driver for her injuries and other compensable losses arising from the accident, and also name as a defendant your auto insurance company. Your auto policy will have Uninsured/Underinsured Motorist (UM/UIM) coverage to protect her from obtaining no compensation for her injury.

Also, you should check your auto policy to see whether you elected to buy MedPay coverage. This coverage is offered by all Virginia auto insurance companies, but is optional coverage the policy holder can elect to obtain. It is good to have because it reimburses for medical expenses incurred in an accident regardless if other insurance (such as your health care coverage through your employment) has already paid those costs.


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