Letting an uninsured person drive your car?

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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 29, 2012

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Insurance Question from Barry Square, CT

Asked on 03/29/2012

Letting an uninsured person drive your car? I let my bro-in-law barrow my car and he crashed it. I only have liability and his planning on suing the other partys insurance. Can my insurance be harmed if hes not a driver in my policy? Can he sue me since his not a covered driver?

Answer given on March 31, 2012

Even if your brother in law is not insured and he drives your car, the insurance follows the car, so your insurance would pay for damages to the other party, if your brother in law was at fault. Since you only have liability insurance, there is no coverage for damages to your car. However, if the other party was at fault, then you can file a claim against them for the damages to your car.Most insurance policies cover for unlisted drivers unless your policy is a named driver policy. You should ask your insurance agent or company to see if it is a restricted policy. If not, there is no problem in settling the claim.Since your brother in law was driving the car he can’t sue you unless your car was faulty and you were aware of it. He has no standing to sue you. If he chooses to sue the other driver then he must prove that the other party was at fault for the accident.

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