Another car accident question... who is responsible?

[kdibattista]

I stated in an earlier thread that I was involved in an "accident" and the other driver was completely at fault. Now, he was driving his mother's car. Which insurance company is responsible... his (as the driver) or hers (as the car owner)?

Thanks!!

 

[hlbtimes2]

Insurance is on the car, not the driver. So, his mothers since it was her car.

 

[BillSears]

I've always thought insurance also followed the driver. That's why we can rent cars without getting additional insurance.

I'm not certain who is responsible but I'd guess his insurance is. Of course if he didn't have insurance then hers would be. But this is just a guess.

 

[Cool-Beans]

If you have my luck, it'll be yours because neither of them will be insured.

Good luck!

 

[kdibattista]

He told me he contacted "his" insurance company but proceeded to give me her insurance information. I assumed it would be his mothers so I contacted them but they seemed suprised that he was not on the policy. I didn't think to ask them that I had the right company . I have an appointment with the adjuster tomorrow and I'm waiting to here back from the other driver... I just want to make sure I don't waste a trip tomorrow morning

 

[kdibattista]

If you have my luck, it'll be yours because neither of them will be insured.

Good luck!

They are both insured... I hope

 

[hlbtimes2]

I've always thought insurance also followed the driver. That's why we can rent cars without getting additional insurance.

I'm not certain who is responsible but I'd guess his insurance is. Of course if he didn't have insurance then hers would be. But this is just a guess.

Renting is different. It has to do with covering the rental compnay for loss of their rental on that car if it is out of service. You actually dont have to buy their insurance. Typically your insurance and your visa coverage will be enough to cover a rental.

I got a ticket a few years ago for lack of proof of insurance. I had insurance, just misplaced the card. I got a letter from the insurance company stating the vehicle was covered at that time. The judge made me get another letter because my name wasnt on the first one. My agent was mad- the car was covered, doesnt matter who's name it is in ( it was in my husbands name).

eta: some people do carry umbrella policies. It covers them no matter what they are driving. Typically people who own multiple cars carry that type coverage, and its not that common.

 

[swankybeth]

I stated in an earlier thread that I was involved in an "accident" and the other driver was completely at fault. Now, he was driving his mother's car. Which insurance company is responsible... his (as the driver) or hers (as the car owner)?

Thanks!!

The insurance follows the vehicle. Even if the driver wasn't on the policy. His mother would just to have granted permission for him to use the vehicle (otherwise there could be theft issues, etc). His policy would be considered excess coverage.

 

[Lisa loves Pooh]

If no fault--I would think it would just be hers. Her insurance if it so desires *may* be able to go after his...or she can go after it to perhaps cover her out of pocket expenses. But I would just provide both to your insurance and they will get payment from the proper parties.

Rental cars are different and I believe your auto policy would have to state that it covers rentals.

 

[ahutton]

The insurance follows the vehicle. Even if the driver wasn't on the policy. His mother would just to have granted permission for him to use the vehicle (otherwise there could be theft issues, etc). His policy would be considered excess coverage.

Oh - the theft thing can be very hard to stick to, especially if it is a family member. Very rarely have we ever successfully declined a claim for that reason in many years of doing this for a living. There is case law in some states where even when the parent reported it stolen to the police and pressed charges that the insurance company lost in court.

 

[mum4jenn]

It could depend on the company.

Several years ago someone hit my car while it was parked at Publix(I was at work) some witnesses took saw what happened and took the tag number down. The girl left the scene but was tracked down by the police. She was an underage driver who had taken the car without permission so AllState refused to pay. At the time I was with Statefarm and all I wanted them to do was pay my deductable(which was only $ 25.00!!!!)

 

[anewvance]

With my car accident the trouble was that the woman who was at fault didn't have a license and was driving a rental car that SHE didn't even rent, her boyfriend did.

We are still working on the whole thing with our lawyer, we still don't know who we are going for...

 

[BillSears]

Renting is different. It has to do with covering the rental compnay for loss of their rental on that car if it is out of service. You actually dont have to buy their insurance. Typically your insurance and your visa coverage will be enough to cover a rental.

I got a ticket a few years ago for lack of proof of insurance. I had insurance, just misplaced the card. I got a letter from the insurance company stating the vehicle was covered at that time. The judge made me get another letter because my name wasnt on the first one. My agent was mad- the car was covered, doesnt matter who's name it is in ( it was in my husbands name).

eta: some people do carry umbrella policies. It covers them no matter what they are driving. Typically people who own multiple cars carry that type coverage, and its not that common.

Thanks, that does clear it it.

 

[LuluLovesDisney]

I could be wrong, but if he's not listed as a driver on his mother's car's insurance policy, her insurance co. could deny coverage. If he has umbrella coverage, then it would be his insurance. If not, it might be processed as an uninsured driver, in which case it would go throught yours.

I know that when I signed my insurance policy, it stated that they would deny coverage if anyone else but me or my BF (we are both listed on my policy) drove my car.

 

[Denise W]

Insurance follows the car. If the car was not insured, the driver's insurance would provide excess coverage.

As long as the driver had permission to drive the car, even implied permission, there should be no problem with coverage. The driver does not HAVE to be listed as a driver on the policy in order for there to be coverage. Some states allow you to specifically exclude a driver from your policy, so if that person had been driving, the carrier for the car could deny coverage. As mentioned in other posts, it is when the owner claims they never gave permission to the driver to be using the car that coverage problems arise. From what the OP said, it doesn't sound like this will be the case.

Good luck and I hope no one was hurt.

Denise
(Claims Adjuster for 30 years)

 

[christineann]

Our firm has gotten a vehicle owner dismissed from a lawsuit because his adult son took the car without permission. The plaintiff is now going after the driver personally.

A permissive user would be covered under the policy on the vehicle.

When my kids started driving, our insurance agent told them that as the owner of the vehicle, I am the ONLY person who can give someone permission to drive the car. Otherwise, my insurance company can deny coverage.