If I was driving a friend’s car with permission and got into an accident, should their insurance support me during a lawsuit?

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If I was driving a friend’s car with permission and got into an accident, should their insurance support me during a lawsuit?

I am uninsured but the car is covered. I was served lawsuit paperwork by one of the parties in the accident suing for damages.

Asked on September 18, 2011 under Accident Law, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Okay so here is what you need to do.  You were driving the vehicle with "permissive use" so you need to send a copy of the pleadings - the summons and complaint that you were served with - to your friend's insurance company as soon as possible - like yesterday.  What needs to be determined is the type of coverage that your friend had on the car.  Generally if you had permission and the car was covered then you are covered.  You are also owed a defense in the lawsuit.  Please call your friend and get the information (which will also be a code on the police report which I hope that you have a copy of) you need to send the pleadings.  I hope that he or she also reported the loss.  Good luck.


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