A friend borrowed my car.she let someone else use my car w/o my consent. he totaled my car is his ins. liable?

EXPO

You will have to prove that the car was taken without your permission. You may have to sue. In this case, your insurance company won't be of help, because they are not on the hook for the damage.

ed r

UH OH BETTER GET MAACO CHI TOWN THING

redangus22

Depending on the laws in your state, it is probably going to be claimed on your insurance, since any drivers in your car are insured by your insurance, regardless of whether its you or not.
If you were driving his car, and totalled it, his insurance would have to pay.

Sounds like the car was stolen. You lent it to a friend but the friend let someone else use it. I am not sure how the law works in Texas and I am not a lawyer, but this may be considered stolen property. Ask your insurance agency. In my opinion, if your friend isn't going to respect your kindness of using your car, they are not a friend.

MeLissa

you need to talk to a lawyer and your insurance agent as soon as possible, that girl may be liable also sense she had your permission, but let someone else drive it without you knowing about it. good luck. meL

mcwhorsd

Unfortunately, everything falls on the registered owner of the car. If the individual driving the car was not on your insurance, you are not covered either. Check with your insurance to see if they cover any damages and otherwise you will have to pay for everything out of pocket.

However, you can take the individual and your friend to court. That is your only option. The other individual should have insurance which would cover it. Check and see what kind of coverage if any. Also if you have uninsured motorist protection you should be ok.

You can not claim that the car was stolen, because you gave your friend consent to take your vehilce. Everything falls on you.

Shadow

His insurance will pay for damage on your vehicle only if he carries physical coverage. If he doesn't you are out of luck.

bostonianinmo

Probably not. He should file the claim with his own insurance company, though, as they may cover him. However, since he did not have your permission his coverage may be void.

Most likely you're going to have to sue him to recover the damages to your vehicle. You should consult with an attorney as this situation can get messy.

Your insurance will cover any property damage that he caused but not the repairs to your car since you only have liability.

edj009

I would say Totally. Carry them both to court.

â™¥dream_angelâ™¥

I think that you are out of luck. In Illinois if someone else drives my car, they are covered by my insurance, theirs has nothing to do with it if they are driving my car. Ask your insurance agent about it. The driver's full coverage insurance only covers his car, not yours or any other car he would drive. Don't lend out your car.

C J

Yes they are liable. If his insurance will not cover it then his parents will if he is under age....without your consent are the key words....all you need to do is ge a copy of police report and their insurance companys names will be on there if not someone didnt do thier job....etc....

mbrcatz

No, his insurance is not liable, yours is. If he's willing to put in a claim, AND his car was in the shop, there could be coverage under his policy for your car as a "temporary substitute vehicle", but if his car wasn't in the shop, then your car is NOT a substitute vehicle, it's an additional vehicle, and not covered.

Sorry, once you gave your friend permission, she gave the other person permission - they had reasonable permission of use, they did NOT steal your car. You can always file a theft report with the police department if you want, but I don't think that will stick.

You CAN go after them in small claims court, and get a judgement against them, however. Collecting is a different matter . . .

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