there wasnt much damage, it was mostly in the car i was in, to the bumper. we traded info, and i'm not sure if he'll call the owner's insurance, even tho he said he'd call me first if there was damage so we could arrange something. so i am waiting for his call....
everywhere i've read online has said that most people would rather not deal with insurance companies and instead settle directly with the other person involved.
also, if he does/did call the insurance, could he still make a claim even if the person insured was not driving?
has anyone been through this or anything similar? any advice would help! thanks!
2006-10-23 08:22:45 · 11 answers · asked by starvin m 1 in Cars & Transportation ➔ Insurance & Registration
you insure the car, not the person. The owner of whatever car is at fault will pay for any damages, if the owner was not driving, it is possible that whoever was driving can be sued for the cost to the owner's insurance company I believe
2006-10-23 08:26:54 · answer #1 · answered by suprasteve 3 · 0⤊ 2⤋
Depends on the state you live in - the laws vary widely.
In general, if there was damage, the OWNER of the car (and his/her insurance company) pay the damage, regardless of who was driving - the logic is if they let you take the car and you are in an accident, they assumed the risk of letting you drive.
If the person(s) in the car you hit however claim damage to themselves (i.e. injuries) then YOU will ultimately be the one held responsible if you were truly at fault.
If you yourself do NOT have auto insurance, then you can be taken to either small-claims, civil or criminal court to reclaim the injury damages. If you DO have insurance, then the portion of your insurance listed as LIABILITY is what would cover you in the event that you injure someone while driving a vehicle (whether or not you own it).
For future reference - if you are in an accident - NEVER claim responsibility. Do NOT talk to the others involved and say things like "I didn't see you.." or "I am so sorry - it was totally my fault", etc. etc. The nicest people can turn really ugly in court, so best to just exchange information and let the insurance companies deal with it.
2006-10-23 08:37:53 · answer #2 · answered by jr 3 · 1⤊ 0⤋
First we need to find out which driver is at fault.
If you were at fault then the first/primary coverage would be the insurance covering the car you were driving since you were a permissive driver. Any excess or secondary insurance would be under your insurance or you personally if you do not have auto insurance.
If the driver of the other vehicle was at fault then your friend can pursue their property damages against his insurance company.
You best have your friend report the accident to their insurance company to investigate the accident and determine liability/fault for the accident.
Although well intentioned, most direct contact for vehicle repairs do not work out between the involved parties due to dollar amount and extent of damage to vehicle and personal injury. Always get in writing any agreement you do get resolved as full and final restitution for damages, property and bodily injury, for the accident.
2006-10-23 09:07:05 · answer #3 · answered by Kamikazeâ?ºKid 5 · 0⤊ 0⤋
That is a tricky one. It depends on your states insurance laws.
Do "you" have insurance on "a vehicle?" So it was you who ran into him?
Yes, that person can make a claim to their insurance company. Was the law called? Did the other person take down your friend's car's tag number?
Have you told your friend? Have you called the other person?
In my state it would be your responsibility to pay any damages even tho the car is insured by your friend, because you were driving.
It is your responsibility to make things right if the person calls you or your friend. Your friend trusted you with his car. The accident occured while you were driving. That totaled equals you.
2006-10-23 08:47:15 · answer #4 · answered by MoonWoman 7 · 0⤊ 0⤋
In the US insurance always follows the car. If the vehicle you were driving had liability coverage then, (providing this accident was your fault and assuming you didn't steal the car), the other car should be covered; your friend's car will be covered under his collision less a deductible. I strongly advise against paying out of pocket to settle this. These deals rarely go well.
2006-10-23 15:04:42 · answer #5 · answered by Anonymous · 0⤊ 0⤋
The owner of the car has nothing to do with this problem! YOU are liable for the accident and any payment due. Your friends insurance rates could increase should they decide to "help you", they screw themselves and might even be denied a renewal of their own policy! Step up to the plate and pay what you owe.
2006-10-24 18:20:47 · answer #6 · answered by Anonymous · 0⤊ 0⤋
He does not have to accept an out of pocket payment from you. He can file with the insurance on the vehicle, and as long as you were a permissive user of the vehicle, the insurance on the vehicle will cover you.
2006-10-23 11:58:51 · answer #7 · answered by Chris 5 · 1⤊ 0⤋
If he calls his insurance company they can still sue you also, to get the money they pay back.
and he can decide is is crippled for life and sue you and the owner of the car you were driving.
2006-10-23 08:50:53 · answer #8 · answered by Anonymous · 0⤊ 0⤋
You insure the car, not the person and most policies will cover drivers who have permission to use your auto. But it is important to check your policy, or ask your agent, to see if the conditions of your policy will change for drivers who are not regular operators of the car.
2006-10-23 08:39:52 · answer #9 · answered by lepninja 5 · 0⤊ 0⤋
it should go on your insurace since your driving the said persons insured car. well in texas anyway, check with the insurance company and local laws
2006-10-23 08:32:55 · answer #10 · answered by Stoner 5 · 1⤊ 0⤋