Legal Question in Insurance Law in West Virginia

Re: bodily injury compensation denied

In West Virginia a driver owes the duty of due care to other drivers and to his passengers. He may protect himself with insurance coverage to indemnify himself against claims of the other parties. He may also contract for medical payments to pay for his medical expenses and the expenses of his passengers, regardless of who is at fault. You cannot sue yourself for negligence and recover from your liability coverage. Just because he was driving a car that belonged to someone else does not make the owner of the liable for injuries he inflicted upon himself. There could be a cause of action against the owner of the car if it was defective, and the defect caused the accident. There may be other facts which open up a cause of action. He should consult a lawyer. The reason given for denial of liability coverage does not make sense. If he took the car without permission and did not reasonably believe he had permission, that fact could be a reason to deny indemnify to the driver for liability to the other party because that would invalidate the coverage. Since he is offered medical payments (I assume from the coverage applicable to the car) the company has not taken that approach.