An uninsured driver driving my car hit another car - how can we determine financial responsibility?

Question

One of my roommates, who did not have car insurance (I did not know that, otherwise I would not have let her drive my car), was driving my car when she hit another car in an intersection causing quite a bit of damage to the other car and a small amount to mine. My parents pay for my car and my insurance, and will not pay for the damages to the other car or my car because I was not the one driving. What are the courses that this could take? Will my parents be sued? Is it inappropriate to ask my roommate who was driving my car to pay for the damages?

Clairification - of course my parents will take responsibility and pay for the damages if that's what needs to happen. In asking this question, I am trying to determine who (not in the eyes of the law or the insurance company) the money should actually come from: my family or my roommate. Thank you!

Answer 1

Your insurance probably covers anyone driving your car with your permission. Most car insurance is for the car owner, not the specific driver.

I expect that the owner's of record will be sued and will have to enjoin the driver.

Answer 2

Uninsured Driver Driving My Car

Answer 3

I'm amazed at how many people don't know SQUAT about auto insurance! Folks, you really ought to read your policy once in a while!

You are responsible. More correctly, your insurance company is.

The insurance is on the car, not the driver. Your roommate IS insured, by the insurance on YOUR car. (People who don't own cars do NOT need to buy auto insurance. They are covered by the policy already in force on any vehicle that they drive.)

The owner of the vehicle (as well as the driver) could be sued. However, your insurance company will defend you in that suit and will pay (up to the policy limits) any damages awarded as a result of any suit.

Your roommate SHOULD offer to pay the deductible for the damage to your car and you might be able to prevail in Small Claims Court if she refuses to do so. That's the limit of her liability though unless the total damages exceed the policy limits.

Answer 4

Insurance follows the vehicle not the driver. You parents dont have a choice to "not pay for the damages to the other car"

If the driver of your vehicle was at fault, the other vehicle owner has every right and WILL call the claim into your car insurance company.

And your insurance will (if your driver is found at fault) pay the damages.

Even if your roommate had insurance her insurance would not be responsible. You may want to ask your friend to do the right thing and pay the deductible for your repairs..

Answer 5

Insurance follows the car and it's owner not the driver. It wouldn't matter if the driver had insurance or not. At least that's the way it went for me once when I tried to get my insurance to pay for a frineds car I was driving and damaged. It may very from state to state. The driver should offer to pay if it was their fault and especially if they can afford it. That would be the right thing. If you damage someone elses property you are liable.

Answer 6

Insurance goes with the car, not the driver. If you have insurance, it will cover damages and when you renew you may find a nice increase in your premiums. If your room mate is half a person, she will offer to pay your losses. Your parents won't be sued unless your insurance company doesn't cover the injured parties losses.

You do have a police report hopefully, send a copy of that to your insurance company and they will handle things for you.

Answer 7

If you have full coverage insurance your insurance should cover any licensed driver. Since the car belongs to you, you or your parents are legally liable for anything that happens to it.
Since you gave the driver permission to drive the vehicle you have no grounds to sue him. I think if there is no insurance coverage your guest driver should split the expenses with you.
Good Luck with that though, perhaps notify his parents, and see if they will help pay the expenses. They are not obligated to by law. In the future I wouldn't let anyone else drive my car unless you are aware of your coverage and theirs. IF the other driver of the vehicle you hit sues, they will sue your parents and you if you are over 18. In Missouri we have a NO FAULT rule, regardless, the CAR is the insured, not the driver.

Answer 8

If I understand it correctly, your car insurance covers your car and whoever is driving it. Doesn't matter if she had insurance or not, your car, your insurance company pays. Check with your agent though to make sure as policys differ.

If your insurance company refuses to pay, then you'd be the one sued becuase it's your car, unless your folks hold the title, then they'd probably be the one's sued or they go after the driver and not the owner.

Morally, she's responsible and should pay for everything but good luck getting anything out of her. You can always take her to court to force her to pay you and the insurance company back.

Why should you expect your parents to pay for the damages. It's your car and your decision to let someone else drive it.

Answer 9

The owner of the at-fault car is responsible for the damages. It is usually covered by the insurance policy. However, making a claim will increase your insurance costs. And if your policy does not cover the complete cost of repairs, you will need to pay the difference.

It could end up as a suit. It is NOT inappropriate to ask your roommate to pay the damages, after all, she IS the at fault driver.

Answer 10

Your insurance company should still pay the damages since your friend was driving your car with permission. Each state various of course, but usually the owner's insurance policy will cover the damages, at least in California