Ok here's the scenario. Someone that was NOT covered under my insurance got into a collision in my car while I was NOT present. They do not have any liablity insurance coverage of their own. Can I make them pay for the damages ( on my car and the car they hit) that occured out- of-pocket? Second question is if they refuse, can I sue them?
2006-10-04 08:26:59 · 7 answers · asked by Mimi 1 in Cars & Transportation ➔ Insurance & Registration
If the person driving had your permission he IS covered under your insurance. Insurance follows vehicles, not people, so your insurance will have to pay for the damages done by this driver. If you have collision coverage, it will pay for your damages, and you can see if the negligent driver of your vehicle will pay the deductible. If the person refuses, you could sue them for your deductible, but not for having an accident in your vehicle.
2006-10-04 10:59:57 · answer #1 · answered by Chris 5 · 1⤊ 0⤋
The insurance is on the car, not the driver. Your insurance will cover the damages as long as the following conditions are met:
1. The user had your permission to operate the vehicle or reasonably believed that they had your permission to use it. (If they used it entirely without your permission, file a police report for vehicle theft or unauthorized use and press charges. Your insurance WILL cover you for this.)
2. The user is a properly licensed driver. (If you allowed an unlicensed driver to drive your car, you own the entire bill and will probably not have any luck recovering from them as you would have been negligent in letting them operate it in the first place.)
3. The user is NOT listed on your policy as a prohibited operator.
There won't be any out-of-pocket expenses for the other driver's vehicle; your insurance will cover that in full. Your only out-of-pocket expense will be your own deductible. The person who was driving your car should pay that. If they refuse to you should be able to recover that in Small Claims Court.
The only people who need to be listed by name on your insurance policy are any members of your household. They must all be listed either as permitted or prohibited operators. An occasional operator who does not live in your household does NOT need to be listed on the policy.
2006-10-04 15:42:39 · answer #2 · answered by Bostonian In MO 7 · 1⤊ 0⤋
Insurance follows the car, not the owner. Yours and the other car are still covered, (providing you have collision and liability) unless the driver is excluded on the policy or, he/she stole the vehicle. You will be responsible for a collision dedutible which you could ask, demand, beg from the person that wrecked your car. If they refuse, it becomes a civil matter if you decide to let a judge do the talking. You could try to make the person pay for all damages out-of-pocket but I doubt the other party is willing to wait for that to happen. Let your insurance handle this one.
2006-10-04 17:26:46 · answer #3 · answered by Anonymous · 1⤊ 0⤋
This is really the wrong place to ask this question. The laws are different in every state, and that goes double for Louisiana. My advice: get a lawyer. Be prepared to answer questions such as: Have you lent your car to this person before? Did you voluntarily hand over the keys? What is the nature of your relationship with this person? Did this person steal your car? Did you know beforehand that this person had no insurance? Bottom line, depending on the jurisdiction in which you reside you may be able to take this person to small claims court. Would you prevail there? Who knows but it's doubtful. Especially if it can be shown that you let him or her have the keys knowing beforehand they were a deadbeat. It would be my guess that you were negligent and possibly complicit. Even if you prevailed, you're left with a judgement against a deadbeat. Would you ever collect? Very unlikely.
2006-10-04 15:53:30 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You left out the one important fact here. Were they driving with your permission? If so, it's on you. If not, yes, you can sue them for unlawful use of a vehicle. Of course then the question of how they obtained the keys to your vehicle will come into play.
2006-10-04 15:33:33 · answer #5 · answered by oklatom 7 · 0⤊ 0⤋
your insurance will cover this (as long as they didn't steal the car) if you gave the person permission....and while I am not an attorney, it seems to me that if insurance fixes the car, you have no further grievance for a law suit.
2006-10-04 15:56:41 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You are responsable regardless of who was driving. You bet you can sue.
2006-10-04 15:35:32 · answer #7 · answered by jr 1 · 0⤊ 0⤋