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Someone took my car without my permission and was drunk and got in an accident? Will insurance cover me?

Grand Blanc, MI |
Filed under: DUI

Myself and 2 of my buddies live together. I was sleeping and I normally allow my roomate to drive my car every now and then- like once or twice a month. Well a few days ago my rooomate took my car and apparently went drinking with his buddy. Since my roomate was really drunk he let his buddy drive (my car of course) who apparently was also drunk (barely over the legal limit) and he rear ended another car. Will my insurance company pay for the damage to my car which will likely be in the $3000 range and if the other party that was hit (apparently not hurt) can they sue me for damages to their car or any possible injury and if so would my insurance cover it? Once again, I never gave this guy I barely even know permission to drive my car.

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Attorney answers 7


If you have collision coverage, your car should be covered for the damage. You may have to pay a deductible though. Your insurance company may be able to get reimbursed from the driver of the vehicle, if he has insurance. Your insurance carrier is going to investigate the permissive use, and depending on the laws of your state, coverage may or may not be afforded. Typically though unless you were negligent in the matter, you would not be held personally responsible. It doesn't mean you won't be sued, but if you are sued, get your insurance company involved immediately to handle the case for you.

This information is provided for general purposes only and should not be construed as legal advice. No attorney-client relationship is created with the furnishing of this advice. Attorney licensed in North Carolina only.


They should cover it. Make sure you report it ASAP.


Do you have collision coverage? You should make a claim for repair if you do. If you are sued as owner of the vehicle your insurance should provide a defense for you. Promptly turn over any letter from an attorney or summons and complaint to your insurance company.

Always consult an attorney IMMEDIATELY as there are time limitations on filing a lawsuit.


Your insurance carrier should cover you, however it is questionable as to whether they will cover your buddies friend because he was not an authorized user.

My post is for informational purposes only and in no way establishes an attorney client relationship.


Should be. Report it to your carrier to sort out.

Licensed & have offices in PA & NJ ONLY. (Philadelphia, PA & Marlton, NJ)


Your car's insurance will cover your property damage if you have collision coverage. If not, make a claim with the insurance company for the drunk driver for your property damage. Your insurance company will likely pay for the damages caused by the drunk driver. You should suggest that the other car make a claim against the drunk driver's insurance company as well.


I have handled this situation in Michigan on some of my cases. It sounds like your roomate had implied permission to use your car. If your roommate had permission, then he has the right to turn the keys over to whomever he wants. Thus, you will be covered. As long as the first person you give the keys to has permission, then that person can hand the keys off. Good Luck.

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