Weird auto insurance question

[CanadianJohn]

Husband, no license, no insurance, "steals" wife's car, and totals it. Will her auto insurance pay for the loss of the vehicle. Husband was charged with dangerous driving, and driving with expired license, but not with theft.

Background info: husband had a stroke, several years ago, his driving license was expired. He is able to walk, sort-of, with difficulty. The car, and the insurance, was in the wife's name. Over his wife's wishes, he took the car out for a drive, just to get out of the house. Wife called the police, asking them to stop him, because of no permission, no license, disabled.

Husband rear-ended a car at a traffic light, because he was unable to switch his foot from the accelerator to the brake quickly enough. No significant injuries. Lots of damage to the car he hit, wife's car was totalled.

Edit, husband was charged with careless driving, not dangerous driving.

No, insurance won't cover this. He wasn't authorised to drive the car.

I don't think a husband can "steal" his wife's car. Everything in a marriage is a joint asset.

No charge of TWOC?

Permission and Exclusions for Family Members

• Most auto insurance policies cover accidents caused by household members unless explicitly excluded.
• However, if the husband was listed as an excluded driver on the policy, the insurer will likely deny coverage.

Theft or Unauthorized Use Clause

• Typically, insurance covers theft if the vehicle was taken without permission.
• However, since the husband is a family member and was not charged with theft, the insurer may argue this was a case of "unauthorized use" rather than "theft." Unauthorized use by a household member is often excluded from coverage.

Criminal Charges and Insurance Impact

• The husband was charged with dangerous driving and driving without a license, which may further complicate the claim.
• Still, liability for damage to the other car is likely covered, as most policies cover third-party damage regardless of the driver’s licensing status.

Disability and Medical History Consideration

• The husband’s medical condition could factor into the insurer’s investigation, potentially raising issues of negligence or misrepresentation if the insurer believes the wife should have taken additional steps to prevent access to the vehicle.

Outcome Possibilities:

• Wife’s Vehicle: Coverage may be denied if the insurer rules it as unauthorized use rather than theft.
• Third-Party Damages: Likely covered under liability protection.
• Legal Dispute: The wife may need to contest the insurer’s decision if they deny coverage.

Thanks for the comments. I believe the insurer is going with "unauthorized use" unless the husband is charged with theft. Personally, I think that the chance of CPS proceeding with a charge is zero.

I've suggested the wife see a lawyer.

Are you in the US?

I'm in Ontario, Canada.

The couple in the incident are my niece and her "D"H

Ontario, like many other Canadian provinces, has “no-fault” insurance: www.thinkinsure.ca/insurance-help-centre/no-fault-insurance.amp.html#What%20is%20covered%20under%20no-fault%20insurance?