My friend was driving my car and hit another car in a parking lot (about $3000 in damages) I am insured, and the car is insured. My friend told me a while back when he drove my car before that he was insured as well...however, when the accident happened, he said he lost his insurance because he missed payments. I asked the guy he hit if we can settle this outside of insurance, and he agreed (I don't want my insurance rate going up for something I didn't do, and my friend doesn't have insurance, so he'll have to pay for it) I was wondering what rights I have? What would happen if my friend can't pay it for 2 months, but he guy wants his car fixed right away?
2007-11-15 13:23:10 · 2 answers · asked by puffer fish 5 in Politics & Government ➔ Law & Ethics
Insurance follows the car - not the driver. So even if your friend had an insurance policy of his own - your insurance would still be the first to pay. Your friends policy would only come in if your policy did not provide enough coverage for the other persons damage or you did not have collision coverage and your friend did (in which his collision may drop down and pay for your car).
The other driver does not have to work with you to pay out of pocket. If he wants to file against your insurance - he can.
If you choose not to turn it into your insurance company - the other driver can sue you (since you are the owner of the car) and your friend (since he was driving).
Moral of the story - be really careful who you let drive your car b/c it's your insurance and your financial responsibility that is driving down the road.
** not to be taken as legal advice**
2007-11-15 13:44:39 · answer #1 · answered by Boots 7 · 0⤊ 0⤋
MSAD is correct 100%
I personally would go though my insurance on this because of the cost and if there is any chance of downstream litigation
And if I was the other guy I would not want to wait for 2 months to get my car fixed
2007-11-15 21:51:18 · answer #2 · answered by roadrunner426440 6 · 0⤊ 0⤋