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If someone is driving my car and they cause an accident, will their liability coverage still cover the damage to my car?

Princeton, ME |

On military orders a friend of mine was using my car to get to base, a dog ran out infront of the vehicle infront of him causing him to rear-end the woman who slamed on her breaks. They said the accident was his fault. However we both only have liability coverage. But do to the fact it "was his fault" would his insurance be liable for the damages to my car?

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Attorney answers 4


Unlikely. But if you have access to your friend's insurance policy, read the exclusions.

There probably is an exclusion for damage to property used by the insured (your friend in this instance). If that is the case, the exclusion applies because the damage to your car occurred when your friend (the insured) was using it.

If he had property damage coverage for his own vehicle, it likely would cover your vehicle. Your question, however, states that he only had liability coverage.


Usually, but it will depend on the language of the coverage. I would file a claim and possibly consult with an attorney to evaluate the facts of the case. Best of luck.

I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


Generally the insurance policy covering a vehicle involved in an accident is "primary", meaning it covers the loss first, and a policy covering the driver is "secondary", meaning it only kicks in if the first policy doesn't cover the entire loss. This is true even though the accident was the driver's fault.

Good luck.


A local attorney would need to review the policies.

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