If I was at-fault for an auto accident while driving my mom’s car, if I was not on her policy will her insurer cover the accident?

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If I was at-fault for an auto accident while driving my mom’s car, if I was not on her policy will her insurer cover the accident?

It was concluded that I was 100% at fault. Is it the responsibility of my mom’s insurance to pay for the necessary damages of the other car? It should be noted that my name wasn’t included in her insurance policy, I was just given permission by the policyholder to use the car.

Asked on January 30, 2016 under Accident Law, West Virginia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your mom is liable for the accident because she was the registered owner of the car you were driving.
The insurance company might deny the claim (property damage cost of repairs to the other vehicle that was not at fault in the accident) because you were an unauthorized driver since you were not on the insurance policy.
If the insurance company denies the claim, you and your mom could be sued for negligence by the party who was not at fault in the accident for that party to recover the cost of repairs (property damage) to his/her vehicle.
If the party not at fault in the accident was injured,  he/she would have a separate personal injury claim  and will seek compensation for the medical bills, pain and suffering, and wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
Other occupants of the vehicle not at fault in the accident who were injured, would also have personal injury claims.
If your mom's insurance company denies the claim, the injured parties in the vehicle not at fault in the accident will sue you and your mom for negligence to recover compensation for their injuries.


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