was driving a car which I was not under the insurance policy and got into an accident claim and was denied, can I file claim with at fault insurance?

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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: Jul 17, 2014

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Insurance Question from Newark, NJ

Asked on 07/17/2014

was driving a car which I was not under the insurance policy and got into an accident claim and was denied, can I file claim with at fault insurance? I was driving my aunt's vehicle, which I was not listed under her policy but I drove it regularly. I was in a car accident where the other driver was at fault which was listed on the police report. I have cure full coverage insurance on the car and they sent out an investigator to my aunt's house to question her and she told them the truth that I was driving the car regularly. She did this because she didn't want criminal charges. If the claim is denied by my auto insurance company, can I file a claim with the driver at fault's insurance company to pay for damages incurred in vehicle?

Answer given on July 17, 2014

If you are in an auto accident and were not at fault in the accident, you should file a claim with the other party’s insurance company for the damages and injuries caused by the accident. You need to contact the other insurance company as soon as possible, as they will need to investigate the accident and talk to their insured driver to get a statement. They should then advise you as to how to proceed with the claim. You were the driver, but they may also want to talk to your aunt since she is the owner of the car that was damaged. If there are no injuries, any settlement check will be made out to her and/or the repair facility.Your aunt’s insurance company should not have denied the claim, unless they are a named driver policy, meaning only listed drivers are covered by the policy. This is not the normal policy, but there are several out there. Going forward you should add yourself as a driver on her policy, since you are a regular driver. If you are a young driver her rates could increase due to your age, but this accident will not affect the rates since you were not at fault in the accident.


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