What to do if my boyfriend, who is an insured driver on my policy, got in a wreck using my car yesterday?

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What to do if my boyfriend, who is an insured driver on my policy, got in a wreck using my car yesterday?

The accident was not his fault so if the other driver’s insurance pays for the damage of my car, or we get some kind of settlement, who will get the money? Will he get it because he was in the wreck and is the one pursuing an attorney or everything? Or will I get it because I am the primary driver on my insurance policy, and the car is in my name? Again, he is an insured driver on my policy.

Asked on June 8, 2013 under Accident Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Money for auto damage (i.e. the car being damaged or wreck) will go first to the bank/lender/dealer's financing arm, IF the car has not been fully paid off. Anything left that--or the whole amount, if the car was fully paid off--will go to the car's owner. If he was personally injured, your boyfriend would be entitled to that part of any settlement or insurance payment which is for his medical costs or injuries.


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