I have been in a car wreck that resulted from me making a left turn in a green light and being hit from a speeding car in the on coming traffic. The other person claimed to have a green light as well. Because of this, no one is currently at fault and an investigation is taking place. I have two witnesses that saw her speeding. Here is the thing, the insurance is under my step dads name and I wasn't under the policy. Due to this, they closed the case and will not provide coverage. Both cars were wrecked, but "my" own car is the least of my worries since it was of little value. I am terrified that if I do come in the wrong some how in the end, I can't cover her damages. Where does this put me? Even more, where does this put the owner of the car who is my uncle. He has the title and he is also terrified of what might happen. He told me that even if we both come out at fault and break even, the other driver can still come after my uncle because he let me drive the car. If so, what would happen to him?
First, I would not accept your uncle's insurance company's denial of coverage without knowing more. As a general rule, a liability policy covers everyone who uses the insured vehicle with permission. There are exceptions to this rule - if you are specifically excluded from the policy or, if it is a "named driver" policy and you are an undisclosed household member. But I would ask the insurance company what specific language in the policy they are relying on to exclude coverage. You may need a lawyer to look at this with you.
Second, your uncle is not automatically liable simply because it was his car in the accident. The other driver would have to prove two things to get at your uncle. First, that you were liable for the collision. Second, that you were either an unsafe or unlicensed driver.
The other driver could file suit against both you and your uncle. If so, make sure that you provide a copy of the petition to his insurance company, even if they are continuing to say they are not providing coverage. If sued, you and your uncle will need to be represented by an attorney. If the insurance company does not provide one for you, I strongly recommend you hire one yourselves to defend you in the lawsuit and to further look into why coverage is not being provided.
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