If I was hit by someone driving someone elses car. The driver of the car has no insurance but the owner does. Will i b imbursed?

Asked over 4 years ago - Baltimore, MD

Other driver ran a red light in broad daylight at a busy intersection and hit my front driver's side. I have two witnesses.

Attorney answers (4)

  1. Jeffrey Roland Butschky

    Contributor Level 6

    Answered . That's a tricky question, which requires a bit more information. Generally speaking, if a vehicle owner gives another person permission to use his or her vehicle, the liability insurance will 'follow the vehicle.' In other words, assuming that you can prove the other driver ran the red light, and caused this collision, the owner's insurance will cover the accident. If, however, the driver was operating the auto without the owner's permission, the liability coverage will most likely not apply.
    So there you have it, a definite 'maybe'. It all boils down to permission.
    Even if liability coverage is denied due to a lack of permissive use, you could still consider a uninsured motorist claim. This UM claim would be filed with your insurance, who would then 'stand in the shoes' of the uninsured party, settle with you, and then pursue the negligent driver themselves, to recoup their money.
    As I said, it is a complicated fact pattern. Feel free to call our office if you have further questions.

  2. Okiemute C Whiteru

    Contributor Level 10

    Answered . It will depend on whether or not the driver had permission to operate the vehicle. You should contact an attorney.

    Legal Disclaimer: The response herein is not legal advice and does not create an attorney/client relationship. Mr. Whiteru advises the questioner to contact an attorney in his or her state and obtain more detailed counseling regarding their legal issue.

    Okie C. Whiteru
    P: 202 558 6196

  3. Lance David Sharp

    Contributor Level 9

    Answered . As long as the owner of the vehicle gave the driver permission you should be alright. Make sure you get all the witness information so you can contact them later if you need to about the accident. I would contact a lawyer in your state to help you with this problem Good luck!

  4. Jessica Sommer Grigsby

    Contributor Level 9

    Answered . Generally the insurance follows the car and not the driver. You should also review your own policy to determine if you have underinsured/uninsured motorists coverage, which may assist you if the policy limits are low or if the driver was not a permissive user.

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