Will I be able to file a claim with my insurer if someone who is not insured totaled my car?

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Will I be able to file a claim with my insurer if someone who is not insured totaled my car?

A friend had access to my car but was not to drive it unless it was for picking me up. They

did not listen to me. They drove somewhere, got in a car accident at an intersection they

believed was a 4 way stop but wasn’t so they collided with oncoming car who didn’t have a

stop sign. The person driving my car got a DUI for marijuana and was arrested at the scene.

How do I go about filing this claim? I’m still paying off my car and have full coverage with

infinity insurance.

Asked on June 25, 2016 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you had full coverage--i.e. collission--you file the claim by simply contacting your insurer, explaining what happened, and filing out whatever paperwork they need. If you had the appropriate coverage, the insurer should pay.
However, if you don't have the relevant coverage or if there is some limitation or exception which results in your claim being denied, your only recourse will be to sue your friend, who was at fault in taking your car without permission and mistaking the signs at an intersection, and the other driver, who was at fault for being DUI.


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