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I live in texas. My car only has liability but the driver (who wrecked into a wall) has full coverage. Can I claim on his insurance

2006-07-19 16:44:35 · 13 answers · asked by sirsensual21 1 in Cars & Transportation Insurance & Registration

13 answers

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.

2006-07-19 17:01:05 · answer #1 · answered by EXPO 3 · 0 0

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 . . .

2006-07-20 01:58:01 · answer #2 · answered by Anonymous 7 · 0 0

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.

2006-07-19 16:48:38 · answer #3 · answered by mcwhorsd 2 · 0 0

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.

2006-07-20 02:47:12 · answer #4 · answered by Bostonian In MO 7 · 0 0

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.

2006-07-19 16:51:04 · answer #5 · answered by a 4 · 0 0

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.

2006-07-19 16:49:43 · answer #6 · answered by ♥dream_angel♥ 6 · 0 0

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.

2006-07-19 16:47:20 · answer #7 · answered by redangus22 2 · 0 0

relies upon, if i changed into lined both by using his or my own insurance to force his motorized vehicle, and he on the prompt gave me permission to then certain i'd supply him a develop abode. What i does no longer do, is %. up his subconscious body, placed it interior the motorized vehicle and settle on to force him and the motorized vehicle abode myself. because no count number how lifelike an act may look, even as it contains some different person, you nonetheless favor consent for it :-)

2016-10-14 23:47:05 · answer #8 · answered by ? 4 · 0 0

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....

2006-07-19 18:36:25 · answer #9 · answered by Anonymous · 0 0

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

2006-07-19 18:23:44 · answer #10 · answered by Shadow 4 · 0 0

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