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Will my friends collision insurance cover my car that he totalled while driving? I am currently uninsured but wasnt driving.

Rockport, MA |

I recently moved to Massachusetts but my car was still registered legally in Florida. I loaned my car to a friend of mine to go to the store and on the way he lost control in the rain and flipped it 3 times. Should his insurance company (with collision coverage) cover this because he was the operator of the vehicle? My insurance company dropped me because they dont insure in Mass.

Attorney Answers 3

  1. If he has Collsion coverage under a Mass Auto Policy, that insurance company willl pay for the damages as long as he was using your car with your consent.

  2. It depends how recent the move was?
    It also depends on the terms of the insurance.

  3. With respect, I think both of my brother counsel have slightly missed the mark. While your collision coverage would cover the accident, the insurer may have a defense to coverage based upon your not notifying them of the change in place of garaging. Depending on how recent to the accident your move is, you may be able to fight that defense.

    I don't believe that your friend's coverage on his own vehicle will apply, because collision coverage does not 'move with the driver'.