Car accident. Who's insurance do you use?
Find answers to your legal question.
Car accident. Who's insurance do you use?
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If someone is driving your car and they have full coverage on their car and they crash, but the owner of the vehicle only has liability. who's insurance can they use?
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ronald h
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The owners liability policy will pay for damage to others property as a result of the accident if the driver was held legally liable for the accident. There will be no coverage for the owners vehicle. The insurance always follows the car, not the driver. In this case the driver was a permissive driver and the vehicle he was driving was not insured.r |
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Luna & Lawnboy
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Collision coverage follows the vehicle not the driver under most policies. Sometimes however, the driver's collision coverage will pay for the damages. If you only have liability, you are usually SOL.
If there was another vehicle involved, and the other party was at fault, file a claim against the at fault party. |
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sydkan
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okay so someone drove your vehicle but it only has liability on it and wrecked it. The driver has his own vehicle which carries full coverage.
If this is correct then you could file a claim on the driver's policy. His policy would only pay on an excess basis. meaning you would have to have your adjuster send in a copy of the declaration page showing that you have no collision coverage that covers your vehicle. Most policies in most states work this way. |
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blb
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It will probably depend on any state laws. I know that where I am at if I drive someone elses vehicle and they only have liability their policy is going to pay out first for any damages. Since they didn't have full coverage and I did then my policy will kick in as an excess policy and they could cover the damages to the other vehicle under my policy. |
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David W
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Insurance follows the car, so the owner's insuance will be primary. |
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oklatom
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Insurance goes with cars, not with drivers. Keep in mind when you loan your car, you are also loaning your insurance policy. |
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cajungirl
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think about it this way, if your car was insured but you drove a car that wasn't, would that car be insured because you were driving it?no way!
the insurance goes with the car, not the person. |
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