Legal Question in Insurance Law in Virginia

Coverage for an unlawful driver

I was involved in an small auto incident which resulted in minor damage--name removed--my vehicle. A driver, parked improperly in a parking lot backed into my vehicle in an attempt--name removed--pull into a one-way passage leading away from their parking space. The offending driver was a foreign national with an apparent invalid International Drivers license. The driver refused--name removed--provide identification information beyond the Int'l Driver's license transcription. The original was not produced. The driver could not produce a Visa or proof of legel presense.

The driver's vehicle was owned by another, insured party, apparently under loan. The insurance company accepted liability for damage against their insured's policy (my company also). Before the liability acceptance, just after the incident, I filed a small claims suite against the driver and the vehicle owner (there was some question about whether the owner was indeed insured, and he threated--name removed--leave the scene numerous times). The insurance company has settled the claim for damages. I understand I cannot claim incidental and inconvenience costs against insured. What can be recovered against the unlawful driver?


Asked on 10/31/05, 2:58 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Coverage for an unlawful driver

What more(compensation)are you seeking, pain and suffering?

I think not.

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Answered on 11/01/05, 12:03 am
Daniel Press Chung & Press, P.C.

Re: Coverage for an unlawful driver

If it's covered by insurance, nothing can be recovered directly from the driver. That's what insurance is for. You suffered no damages due to the allegedly unlawful licensing, so you are not entitled to anything for that.

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Answered on 10/31/05, 3:15 pm


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