Uninsured driver using a car that is insured by the car owner

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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: Nov 19, 2018

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Insurance Question from Brooksburg, IN

Asked on 11/19/2018

Uninsured driver using a car that is insured by the car owner If someone loans their car to a person who is not insured and an accident occurs, is the owner of the car liable?

Answer given on December 16, 2018

In auto insurance the insurance follows the car.  In this case, your car insurance should protect you if a permissive user was involved in an accident that was their fault.  However, if you have a restricted auto policy that only covers drivers that are listed on the policy, and this person is not one of them, your insurance policy will deny coverage.

If you have a standard auto policy then you need to report the claim to your insurance company. If another person was involved in the accident your insurance company should review and pay for any damages or injuries caused in the accident. If you have collision coverage on your car, and it was damaged, you will be reimbursed, less your deductible.  If the driver of your car does not live with you, and has a valid license, then your insurance rates should not be affected for this accident. Some insurance companies do make a small charge for non fault accidents, but most do not. Your insurance company may ask that the driver in question be added to your policy if they do not have their own insurance, or could ask to exclude them.


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