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My boyfriend was driving my car and got into an accident. He doesn't have insurance but I have full coverage.

Ontario, CA |

The police report is stating that my boyfriend is at fault. What happens next? Will my insurance pay for his medical bills? Can the other person sue him? Will he have to pay out of pocket?

My insurance deemed my car a total loss and is giving me a settlement. I am more concerned on if my boyfriend has to pay anything out of pocket for anything else like medical. He got hurt and is now in physical therapy as well.

Attorney Answers 7


Turn this over to your insurance carrier immediately.

Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.

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So long as your boyfriend was using your car with your permission, he ought to be fully covered under the terms of your insurance policy. The other person can always sue if they have suffered damages. He may have to pay something out of pocket but lets keep our fingers crossed that your policy is enough to compensate for any damages claimed.

As for your boyfriend's bills, I can't help you there. If he has no health insurance, he's indeed paying out of pocket.

Best of luck to both of you!!

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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Here are my thoughts:
The police report is stating that my boyfriend is at fault. What happens next?
A: You gave permission for him to drive your car. We call this "Permissive Use", your insurance will cover up to your policy limits.

Will my insurance pay for his medical bills?
A: Only if you have a Medpay/Medical coverage in your policy. This is a No Fault coverage which means that they will pay regardless of who was at fault.

Can the other person sue him?
A: Yes. They can sue you and him but you are covered up to the max they can sue you for for giving him permission up to 15k.

Will he have to pay out of pocket?
A: Your insurance's goal should be to settle the case for your policy limits and get a release signed by all plaintiffs.

If their injuries are in excess of My insurance deemed my car a total loss and is giving me a settlement.

A: I don't understand this question. Please rephrase it.

I am more concerned on if my boyfriend has to pay anything out of pocket for anything else like medical.
A: Again, your insurance will represent your boyfriend as an "additional insured" under your policy. Your insurance co. will try to settle all plaintiff's claims against your boyfriend and have them sign a "release of all claims" against both of you,

He got hurt and is now in physical therapy as well.
A: Look at your insurance policy's declarations page to see if there is any medical coverage for him. This is usually 1-10K.

I hope this helps. Good luck.

Law Offices of Jeffrey D. Bohn
Sacramento Injury Lawyer
Fresno Injury Lawyer
Bakersfield Injury Lawyer

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Daniel Nelson Deasy

Daniel Nelson Deasy


Very nice analysis -- if this guy was in Cali, I'd hire him!!

Jacob Adam Regar

Jacob Adam Regar


Agreed. Very good answer.


Call your insurance company, and they will resolve this.

The answer does not create an attorney-client relationship and is for informational purposes only.

Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755

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Give all of the information to your carrier and they should handle it. Do not be afraid to negotiate with your carrier. Obtain your own estimates on the "totaled" value of your vehicle. Particularly if you have a loan on the vehicle. You want to try to avoid a situation where your loan is higher than the value paid by the carrier for the vehicle. Get all the value you can.

The information presented here is general in nature and is not intended, to be construed as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.

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I agree with everything Mr. Bohn above, has indicated with one caveat: While this is a classic permissive use situation making you ultimately responsible and subject to suit, you may not be covered by the maximum insurance coverage on the policy. Depending on the insurance company, some only cover you for the "minimum" liability requirement of 15/30 when the vehicle is used by a "permissive user" that is not listed as an covered driver. Thus, for example, if you have a pollicy that has a bodily injury limit of 50/100 (Thousand, per person/incident), that may drop to 15/30 for a person that is not listed on your schedule of drivers. Again, some companies still do this and others don't. Mercury Insurance is one that does but that may have changed recently. The best thing for you to do is read your policy and declarations page to be sure what it's limits of liability are and what the limitations and exclusions are.

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If you are driving a car that doesn't belong to you (for instance a rental or borrowed vehicle) and have an accident that's your fault non owner liability insurance can cover damages. It is important to realize that this type of coverage can help, but it is limited. You need see it as what it is - liability insurance. That means it does not cover your person or the vehicle you are driving. A non-owner auto insurance policy covers you for liability when you do not own a vehicle. It is purchased per driver, so multiple drivers are not covered under one policy. Most non-owner auto insurance policies do not provide coverage for medical or any physical damage

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