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?

Free Insurance Quote Comparison

 Secured with SHA-256 Encryption

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...

Full Bio →

Written by

UPDATED: Jul 17, 2014

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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.

IMPORTANT NOTICE: These answers are for general information purposes only and are provided by the person answering and FreeAdvice.com AS IS. It has not necessarily been reviewed by the management staff of FreeAdvice.com nor is it binding any insurance agent, broker, or other insurance professional or any attorney or insurance company. Insurance laws, regulations and practices vary from state to state and insurance policies and practices differ from company to company, by type of policy, by state and locality and by type of insurance. Tiny variations in the facts, policy language or a detail not set forth in a question often can change the outcome or a professional's conclusion. Although FreeAdvice.com has confirmed that the answer(s) was/were provided for the account of an experienced insurance professional, that professional may not be licensed in the state referred to in the question, and may not be experienced or up to date in the subject area. Unlike the answers provided here, upon which you should NOT rely, for personal advice you can rely upon we suggest you consult a licensed insurance professional in your area or retain a licensed attorney listed on AttorneyPages.com to represent you.

Free Insurance Quote Comparison

Enter your ZIP code below to compare cheap insurance rates.

 Secured with SHA-256 Encryption