Quote:
Originally Posted by Maritime Q-Scout
I'm no expert on insurance law, however there seems to be a fundamental divide creeping up between the A) Yes it's ok camp, and B) No it's not crowd.
Here's what I'm gathering as the facts
Hard Facts:
JohnnyTitan is having a party
JohnnyTitan wants his party goes to arrive home safely
JohnnyTitan is looking for someone to drive his car to take people home
JohnnyTitan is willing to compensate the driver for his troubles
Hypothetical Facts:
JohnnyTitan finds a driver (because I'm creative let's call him DriverMan)
DriverMan takes JohnnyTitan's car and brings guests home
DriverMan is in an accient
Question:
Does JohnnyTitan's insurance cover the accident?
Ok so the issues that were cited are:
and
Ok, so there's what we're dealing with.
Again I'm no expert in insurance law, or insurance policy
However here's what I'm thinking:
In both statments the issue is in regards to the automobile and not the driver.
Therefore, if DriverMan was using JohnnyTitan's vehicle, then according to the information provided it should be perfectly fine.
If however, DriverMan used his own car with the same policy, then no dice, the car is part of DriverMan's hire.
JohnnyTitan, check with your insurance company or call the free lawyer advice line that Alberta has (I think they have one, I'm sure I've seen a toll-free number posted here before). Better to be safe than sorry, but all in all I can't see it being a problem.
Hell even if DriverMan got in an accident and it was found that what was going on violated your insurance policy and the insurance company wouldn't cover it, can you imagine the PR disaster they'd take? Not insuring that level of responsiblity? I'm willing to bet you'd have law firms willing to take that case on contingency to make a name for themselves (or futher their already good name)
Edit: I see you found a driver. Awesome, hope you have a great night. On an unrelated note, rather than study for my law midterms I work out a case like this (haven't taken insurance law yet, and I'm not at U of C or U of A so again take everything I say with a grain of salt)
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You glossed over the fact that
the automobile could be considered to have been leased in this scenario, and the failure to disclose said lease could be a violation of the policy.
Work on your issue spotting before the midterm, don't want you to drop any points.
