Who Is Responsible For Vehicle Damage If The Car That Hit Me Was Covered, But Was Driven By A Different Driver?

My son was hit by a driver that did not own the he was driving when he hit my son. The car that he was driving was covered by insurance. Now they say they are not responsible for fixing he car.

  1. 12689 POINTS
    Ted Ratliff
    Owner, SFS Associates,
    A lot depends on the State you live in. Some States are "No fault". In that case your insurance would pay. In most cases however, the driver of the other car woul be responsible. If that driver does not have insurance then the owner of the car would be responsible.
    Answered on April 7, 2015
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  2. 14231 POINTS
    Tom Sheehan
    Agency Owner, The Thomas G Sheehan Agency, 27 Glen Road Sandy Hook, CT 06482
    In most cases with a standard issue auto policy here in CT, the coverage provided extends to named insureds and their resident family and anyone they designate to drive their car. It is always best to discuss the specific terms and conditions of your policy with your Insurance Professional to get a better understanding of coverage and limitations. However, it would seem that unless the driver of that car was using the vehicle with the permission of the vehicle owner, unless there was some other provision or limitation in that vehicle owners' policy, there should be a reasonable expectation of coverage. If on the other hand, the driver was not using that car with the owners' express permission, or if the driver was not licensed, there may be coverage limitations. There also may be conditions specific to your State where coverage may not apply.
    Answered on April 7, 2015
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  3. 37376 POINTS
    David G. Pipes, CLU®, RICP®
    Business Development Officer, T.D. McNeil Insurance Services, Fresno, California
    In California the coverage applies to the automobile. Unless the automobile was being operated without the permission of the owner, coverage would be extended. Just to make things as clean as possible you should notify your agent or the claims department of your auto insurance company and have them process the claim for you. You might have to pay the deductible but once the case is successfully subrogated the deductible will be returned to you.
    Answered on April 7, 2015
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  4. 7647 POINTS
    Mark Bartlett CLCS
    Branch Owner, TWFG Insurance Services, Fremont California and the Greater Bay Area Representing Dozens of Insurance Carriers
    It really depends on the State you are in. In California if someone loaned their car to a friend and the friend caused the accident the insurance policy covering the car that did the damage is responsible to pay the claim if they were at fault. However there may be exclusions on the policy that could deny coverage. Without really knowing more it's difficult to say in your situation. If a claim is being denied I would ask specifically as to why it is being denied. You can fall back on your own insurance to cover the loss to your vehicle providing you have collision coverage.
    Answered on April 9, 2015
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  5. 260 POINTS
    Kevin P. Foley, CPA, CPCU
    President, PFT&K insurance Brokers, New Jersey
    Last November, my wife faced the same situation. Her car was struck by another car. The other driver was 100% at fault. The driver of the other car was not the owner of the car. The other insurance company paid 100% of the damages.
    We got paid because we got a police report that identified the other car, the other driver, their responsibility AND THE OTHER INSURANCE COMPANY. Because we new who the other company was, we went directly to them and presented the claim.
    If you have an accident and it's not your fault, get a police report and collect directly.
    Answered on April 17, 2015
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  6. 552 POINTS
    Ruth Ladas
    CEO, RLI - Ruth Ladas Insurance, LLC, Fort Myers, Florida
    I don't know what state you are in, but I can answer this as respects Florida auto claims. The insurance is on the car and a temporary driver (who has permission to drive the car - meaning that it wasn't stolen) would have coverage. In Florida the minimum liability for auto damage is 10,000. If there was insurance on the vehicle that hit your son, that policy would cover at least 10,000 in property damage to your son's car.
    Answered on May 2, 2015
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  7. 68 POINTS
    Jeannie Peter
    Insurance Agent, Allstate, Minnesota and Wisconsin
    It is really important to mention the state you live in to properly give you specific advice. However, if you are hit by a vehicle driven by a permissioned driver at the time of accident, they have loaned said driver the insurance they have on their current policy. This is an Industry Standard, unless they have an outdated policy that also still has 'excluded' drivers, you may have an issue. It's doubtful that this will happen. My opinion.
    Answered on May 5, 2015
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