Can I sue the driver of my vehicle if he causes an accident which the police render him negligent?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Mar 25, 2013

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Insurance Question from Green Lane, PA

Asked on 03/25/2013

Can I sue the driver of my vehicle if he causes an accident which the police render him negligent? I have State Farm insurance. A friend used my vehicle with my permission and caused an accident. The police ruled he was 100% at fault. When I wen back to my insurance, they wouldnt cover it because of a paperwork snafu. The friend put it under his insurance, but they wont cover it either. I am now being sued by the other driver. Can i sue my friend in small claims court for the amount Im out of pocket over this? I have the police report where he states it was his fault.

Answer given on March 28, 2013

In suto insurance the insurance follows the car, so even though your firend was responsible for the accident, your insurance company should cover you for the damages caused by your friend. State Farm does not have a designated driver policy, so they should be accepting liability for the accident, unless your friend was specifically excluded from the policy.Contact your agent and ask them to help you determine why your company is denying coverage. If there is a “paperwork problem” your agent should be able to assist you in this area as they should know if the policy was in force and paid.If the company still denies coverage, the other driver should go through his insurance to get his car repaired and let his insurance company come after you and your insurance company. If the other driver calls again tell him to talk to his insurance company. If you go to court, then your insurance company will have to defend you, unless there was no policy in force at the time of the accident.

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