If I was in a car accident, and had no license, but was in my parents' insured car, who pays for the damages??

I was recently in a car accident on an expressway. An 18-wheeler rammed into my side and made the car spin around and crash into the barricades that divide east/westbound traffic. The car is insured, but I didn't have a license. I usually car pool with friends to college, but that morning I was late so I took the car and hoped for the best not knowing what was gonna happen. Their insurance called and tried to make it seem like it was my fault, when in reality the truck driver charged into my lane and hit me. I was honking and everything and he still came towards me and hit me. I just dont know what to do. The truck driver told them it was my fault and the police report says it is under investigation. What can I do? the car is not totalled but has about 3,000 in damages, and I still owe another 5,000 on it. Who will pay for it, and will the insurance cover any of it??
Additional Details
my parents insurance is liability and collision coverage? thats what the paper says...

S17V

As long as your parents tell their insurance company you had permission to drive the vehicle, their damages will be covered under the collision portion of the policy. Of course you would be responsible for the deductible. In this case where it's word v. word, your best bet is to pursue through your own insurance carrier, and have them pursue the trucker's insurance company via subrogation. Make sure you give your insurance company a compete and accurate description of the loss. As for the police report, we adjusters use them as tools - the conclusions of the police officers are NOT admissible in court. Only the statements given by each party are allowed. The police officers were not present when the accident occured, therefore they cannot give an accurate conclusion as to fault. Where there any witnesses? (independent) - that would help your case.

Just William

In the UK if you drive without a license any insurance cover is void and you would be liable. I would think it is the same in the USA.

gearnofear

You are liable even if it was not your fault. you did not have the license to drive or operate a motorize vehical. this puts the insurance company in a position that can damage thier reputation. there for most agencies do not insure unlicensed drivers. they have no business operating the car. so you are stuck with the payment and cost of damages. If the truck driver where to sue the insuranc agency the insurance agency could then sue you so not being licensed and operating a car illegally.

jacky_cheah

Hey dude, i'm not sure which country are you from. But let say in Malaysia, driving without license is a huge deal. Means the insurance will not cover for the cost of damages. You have to bear the cost of repairs on your own. Yup, you have to pay for it. But the terms in the policy may differentiate from different country. So you better check with your insurer.

Eric F

well first you have to tell your parents's insurance company what happened. the truck driver has already attacked first via his insurance company. the police probably haven't a clue as to whose fault it is at this point.
but as long as your parents car is insured, you are covered, as long as they have full coverage insurance.

When I was 15 I flipped my truck 4 times. My dad was the only one on the insurance policy, well my mom gave me permission to drive and my dad had no knowledge of it. Since my dad had no knowledge of my driving the insurance co. said they would cover the damages. If my dad had given me permission the wouldn't have because he would have breached his contract by doing so. The insurance scrapped the car and paid off the amount owed.

So the insurance paid for damages and medical cost ($400) I was barely hurt and only needed 6 stitches.

Seat belts save lives. I'm living proof.

blondietatt04

Dude, why don't you have a license and why are you driving without a license and were you born yesterday?

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