Legal Question in Insurance Law in Georgia

Re: hit by an insuranced car but unlicensed driver

THIS IS ACTUALLY A VERY GOOD QUESTION AND THE ANSWER IS MORE COMPLICATED THAN SOME MAY THINK. ALL AUTOMOBILE LIABILITY INSURANCE POLICIES ISSUED IN GA HAVE EXCLUSIONS IN THEM WHICH ALLOW THE INSURER TO DENY COVERAGE UNDER CERTAIN CICUMSTANCES.SEVERAL YEARS AGO A NEW GA COURT OF APPEALS INTERPRETATION OF A LONG-TIME EXCLUSION COVERED THIS VERY TOPIC.THE COURT RULED THAT A PERSON WITHOUT A LICENSE TO DRIVE WAS NOT QUALIFIED TO DRIVE UNDER GA LAW, KNEW THAT AND WAS THEREFOR DRIVING ILLEGALLY ON PURPOSE.THAT AMOUNTED TO A FORM OF INTENTIONAL MISCONDUCT WHICH VOIDED THE POLICY AND THERE WAS NO COVERAGE AS A CONSEQUENCE. THE SUPREME COURT OF GA REVERSED THE COURT OF APPEALS HOLDING THAT GA IS A MANDATORY LIABILITY INSURANCE STATE AND THE DRIVING OF A CAR WHEN A PERSON HAS NO LICENSE IS NOT SUFFICIENT INTENTIONAL MISCONDUCT TO VOID COVERAGE.SO MAKE YOUR CLAIM AND DO NOT TAKE "NO" FOR AN ANSWER.GOOD LUCK. RON LOWRY

Re: hit by an insuranced car but unlicensed driver

Whether the other driver had a driver's license should not affect your claim. You need to contact his/her insurance and if they don't pay, file suit.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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