If you drive someone else’s car and they have insurance but you are not covered under their policy, should you still be charged with failure to carry insurance?

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If you drive someone else’s car and they have insurance but you are not covered under their policy, should you still be charged with failure to carry insurance?

In regard to proof of insurance, does the car need to be insured or just the driver?

Asked on March 27, 2013 under Insurance Law, Iowa

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes because if you do not have separate insurance that covers you in any car you are in, you are committing a crime (infraction or misdemeanor in your state) by failure to keep such insurance. Both need to be insured in most jurisdictions. The driver is insured with the particular cars he or she owns and the cars are insured. If you have insurance that has a coverage election to cover you no matter what care you are in (a friend, a rental, etc), then you should be covered. If not, you could be held personally liable for that amount.


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