If the unlicensed driver is specifically excluded by name under the liability insurance policy, then the insurance company may deny liability coverage to the unlicensed driver and/or owner of the vehicle.
Some insurance policies contain what is known as a “named driver exclusion”. There is a circumstance where the insurance company can deny coverage.
An insurance company cannot deny coverage under an automobile liability policy for a person who has an invalid or suspended driver’s license as long as: (1) the unlicensed driver is a named insured on the insurance policy and/or (2) the named insured on the insurance policy gave express or implied permission to the unlicensed driver to use their vehicle. Thomas, that such an exclusion in an insurance policy is not enforceable as it is against public policy. However, the Louisiana Supreme Court stepped in and ruled in Adams v. In the past, Louisiana courts reached different conclusions when addressing the issue of whether an automobile liability insurer can exclude coverage to an insured, or a person driving the insured’s vehicle with his or her permission, if that person does not have a valid driver’s license.
#IS MY LICENSE SUSPENDED LOUISIANA DRIVERS#
It is the public policy of this state to provide insurance coverage to unlicensed drivers in certain situations. Louisiana courts have the power to strike out any clause in an auto insurance policy that is against public policy. Even if an auto insurance company puts a specific clause in their policy, the clause in that auto insurance policy may not always be enforceable. In other words, Louisiana courts will read auto insurance policies with the intent of finding insurance coverage as opposed to denying insurance coverage. In Louisiana, courts liberally interpret insurance policies. Because of the frequency in which these situations arise, it is important that victims injured by unlicensed driver’s be covered by the unlicensed driver’s auto insurance policy. Most people present a valid driver’s license to the auto insurance company when they initially obtain insurance coverage on their vehicles, but find themselves in the situation later when their driver’s license may be suspended or revoked for some other reason, i.e. It is likely the auto insurance company will be required to pay for a person who was injured or sustained property damage in an accident with an unlicensed driver.Įvery owner of a vehicle is required to present a valid driver’s license to obtain an automobile insurance policy. The question for many of our clients becomes, Will the insurance company pay for my injuries and my property damage that this unlicensed driver caused me? The short answer is, likely yes, but it depends. Often our clients who were hit by a driver with a suspended license to not even realize it until they see a copy of the police report. A person’s license can be suspended for many reasons.
A suspended license is like having no license at all under the law. However, just because it is illegal, does not mean people do not do it all the time.Īt our office, we have recently seen an influx of auto accident cases where individuals were hit by a driver who was driving a vehicle with a suspended license. It is also illegal for you to give permission to a person to drive your vehicle who does not have a valid driver’s license. It is illegal to drive without a valid driver’s license.
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