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: Apr 24, 2011

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Insurance Question from Lawrenceville, GA

Asked on 04/24/2011

I am disabled, own a van, and have 24 hour nursing care. I would like my nurses to drive me to places on occasion. I have insurance on the van. If my nurse is involved in an accident while driving my van, and it is not his/her fault, am I liable for damages? Conversely, if the nurse is at fault in the accident, am I liable? Does the nurse's own auto insurance ever come into play?

Answer given on April 27, 2011

Auto insurance is set up to insure or protect the owner of the vehicle, and the authorized driver.  If your nurse is in an accident while driving your vehicle, your vehicle insurance will defend you.  If it is not the fault of your driver, there would be no liability on your part.

Auto insurance companies vary as to how they protect a driver who does not own the vehicle.  If your nurse has an accident that is her fault, again, your insurance would defend you.  However, you need to talk to your insurance agent to see how the insurance will defend the nurse.  It is possible that your liability limits will be reduced to minimum limits to defend your nurse.  YOU would still be covered if you are found liable, but the nurse may have lower limits. 

If the damages and injuries caused in the accident exceed your liability limits, and the nurse is responsible for the accident, her liability insurance may come into part of the settlement, since she was the driver.


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