If the person didn't have their own car, I would be surprised if they had their own car insurance. The victims could sue the estate, but there might not be a lot of money in it.
In my state, you can't get auto insurance without a car. You can be a licensed driver, you can have money to hand the insurance company for your premium, but if you don't own a car, you can't get car insurance. I don't know if you could get general liability insurance that would also cover you driving other people's cars.
But if it's the car that's insured, why do specific drivers have to be listed on the policy? The way I understand it is even if I'm not listed on someone's policy and I'm driving their car, their auto insurance covers my fuck up when I cause an accident.
Doesn't seem right, but I suppose that's the way it works.
When you're driving someone else's car, their collision/comprehensive insurance covers damage to their car (although there's a chance their insurance company will decline to pay or decide to sue you depending on the circumstances). Your liability insurance covers personal injury and property damage that you cause to others.
Drivers are listed for two reasons. The first is because a big chunk of car insurance is liability insurance. The second is because the probability of the insurance company having to pay to repair or replace your car depends on the likelihood one of the drivers will cause an accident.
This is all made more complicated by the fact that personal injury lawsuits are a numbers game. If the driver didn't have insurance and their estate has very little money, it doesn't matter that making them liable is a slam dunk case. It's not worth the effort. On the other hand, if the car owner has insurance, is alive, and has a lifetime income potential in the tens of millions of dollars, that's worth a lawsuit even if the probability of success is lower.
It feels scummy, but most personal injury lawyers are investing in cases. They'll be happy to take a lower probability chance on a bigger return. It's not all that different from venture capital, although you could argue pretty easily that VCs are a more positive force for social good and value creation.
It seems like EasyRide doesn't follow the rental companies time tested way of doing insurance. Having a company policy is interesting, the problem is the courts assume company policies cover vehicles "owned" (through actual ownership or lease) by a company and driven by employees or people under their hire (e.g. consultants). They probably should have gone with part of the fee being an actual insurance policy for the driver for the car. It would be a much easier and known business scenario for the courts.
If your business model requires new rulings by the courts, then you better have deep pockets.
The insurance company can't have the cake and.eat it too.
Either the owner pay as if she wasn't doing a business, or the dead guy's pay as if he was driving a rental. Mine is pretty basic and i can pay my deductible for rentals.
But if it's the car that's insured, why do specific drivers have to be listed on the policy? The way I understand it is even if I'm not listed on someone's policy and I'm driving their car, their auto insurance covers my fuck up when I cause an accident.
Doesn't seem right, but I suppose that's the way it works.