Whatt o do if I was driving my brother’s car and got into an accident but he will not provide his insurance information?

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Whatt o do if I was driving my brother’s car and got into an accident but he will not provide his insurance information?

I rear-ended another car. My brother was with me in the car at the time and gave promission for me to drive. He has auto insurance on the auto, however he is refusing to file a claim with the insurance company. Today I recieved a heafty bill from the other drivers incurance saying that I need to pay because my brother will not provide his insurance info and file a claim. Am I responsible for this payment? I thought that the owner of the auto is responsible.

Asked on October 29, 2012 under Accident Law, Wisconsin

Answers:

Leigh Anne Timiney / Timiney Law Firm

Answered 8 years ago | Contributor

It is sad that your brother is hanging you out to dry like this.  This is the reason we have auto insurance.  Your brother should submit this claim to his auto insurance carrier.  If there is a deductible he needs to cover, the two of you can work an agreement where you can cover that since you were the driver who was at fault for the accident.  If this matter ends up going to formal litigation, both you and your brother will likely be named as defendants in the lawsuit, you, as the driver and your brother, as the owner of the vehicle.  It is best for your brother to make a claim with his insurance carrier and let them handle it.  He is not doing you or himself any favors by trying to stone wall like this. 


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