I was in an accident driving my girlfriend's car, they are seeking damages exceeding coverage will my insurance cover difference
4 attorney answers
As with most questions like this, it depends. Specifically:
1. Auto insurance follows the named Insured Liabilities. So, if you're driving your friend's car and rear-end somebody, your friend's liability insurance may take care of the other vehicle's damages.
2. But what if your friend doesn't carry insurance? Most likely your insurance will step in, but if Ohio requires vehicle owners to carry liability insurance, your carrier will most likely go after your friend for the money they paid to protect you because, by law, your friend should have paid for his own coverage.
3. Does the car belong to a relative? More specifically, a relative in your household? This would likely result in your carrier denying coverage for you because you didn't tell them a relative owns a car that you're driving. How often you drive the car could also affect your carrier's decision.
4. But what if you have full coverage, and you wreck your friend's car that doesn't have full coverage, and you don't normally drive the car? Most likely, your carrier will step in and pay for the damages to your friend's car. Your carrier is "excess," but if no other first-party coverage exists, they'll usually take care of it. See #3, though, because this wouldn't apply to a relatives vehicle.As a general rule, If Coverage is afforded under the vehicle owners policy then it will act as primary coverage. If coverage is not available to the driver through the owners policy then the drivers own auto liability insurance can invoke as first party coverage The drivers auto insurance policy, depending on the policy and broad coverage providing, liability, uninsured motorist and medical portions of your personal auto insurance policy can follow you and provide coverage.
Your Personal auto Policy will "Not" follow you for operation of a hired business or commercial use vehicle.
If the "personal" use vehicle being driven has adequate active coverage then that policy is customarily treated as primary and any coverage the driver has is secondary or excess in the event damages exceed the limits of the vehicle owner's insurance policy or the event of no coverage for the operator under the owners policy.
If the vehicle owner has purchased a limited form type or a "named driver" policy. though sometimes economic, no coverage at all may be afforded to occasional or permitted drivers.
The degree of coverage beyond the above that may invoke are dependent on various factors such as the reason for driving the other vehicle, loaners, rentals or replacement status vehicles and other local or state regulations.
It's always best to talk with your agent and make sure you undertsand your coverage before loaning or borrowing another vehicle. Most auto insurance policies WILL in fact cover ANY driver of the insured vehicle, UNLESS that driver has been previously excluded from the policy or UNLESS the driver has STOLEN the vehicle. This would have to be proved with a copy of a theft report filed by the owner. Now, most of the time this is the case - but NOT in all states, and NOT on all policies. I urge you to call your agent BEFORE you drive a friend's car or BEFORE you let a friend drive yours.
Here are more answers and opinions from other FAQ Farmers:
The insurance will only cover you if you are listed under their insurance with the car owner.
I had to find this out in a hard way. They will, if the car owner has given you permission to drive. But if not, they won't and I fell into the second case.
A good rule of thumb is that 'insurance follows the owners liabilities as far as coverage is concerned. The policy in force on the vehicle involved in a loss will cover the damage to the vehicle itself and provide the liability limits if other parties are involved and are covered under the terms of that policy. This does assume that you had the owner's
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I am sorry to hear about the car accident and hope that you are physically okay. The short answer to your question is most likely yes. If you have not done so, you should notify your insurance company immediately. I do practice law in New York and am not expert on the laws of Nevada, but I handle many car accident cases. In New York, here is the order in which insurance will apply:
• The car owner’s (your girlfriend) insurance goes first. If there are any uncovered damages, then…
• The car driver’s (you) insurance goes second. If there are still uncovered damages, then…
• The car owner’s underinsurance or umbrella policy goes next. If there are still uncovered damages, then…
• The car driver’s underinsurance or umbrella policy goes next. If there are still uncovered damages, then…
• The owner (your girlfriend) or the driver (you) can be held personally liable depending on who bears responsibility for the crash.
As I already said, contact your insurance company immediately. Review your insurances coverage with them and ask them to provide an attorney for you.
The Schlitt Law Firm and Carol L. Schlitt provide answers for informational purposes only. If this answer is helpful, please mark the “helpful” button. If this is the best answer, then please indicate it. Thank you. We are a plaintiffs-only, personal injury and medical malpractice law firm representing clients in the New York metropolitan area. We offer personal services built on the values of communication, education and responsiveness. Please understand that legal advice can only be given by an attorney licensed in your jurisdiction who has a familiarity with the law concerning your question. This answer does not constitute an attorney-client relationship. If you are in the New York metropolitan area, feel free to call us at 1-800-660-1466 or contact our website www.SchlittLaw.com and I will see if we can help you.
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