Will my insurance pay for damages if my car was being driven by an unlicensed driver and was rear ended by another car

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Will my insurance pay for damages if my car was being driven by an unlicensed driver and was rear ended by another car

Hi I live in Berkeley California. I have full coverage
with geico insurance however the person who I let
drive my car does not have a license. He was rear
ended by another driver who was licensed and was
driving an insured company car. Although the driver
who hit my car was at fault, will my insurance pay for
the vehicle to be repaired or would the claim be
denied because an unlicensed driver was driving my
car and was not on my insurance?

Asked on August 23, 2016 under Accident Law, California

Answers:

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

Answered 4 years ago | Contributor

Your insurance company does not pay for repairs to your vehicle because the other party was at fault.  Your claim for property damage (cost of repairs to your vehicle) should be filed with the at-fault party's insurance company.
Since the at-fault party rearended your vehicle, the registered owner's insurance company should not deny the claim because your vehicle was driven by an unlicensed driver.  If that occurs, sue the company (registered owner of the at-fault vehicle and the at-fault driver) for negligence.  Your damages (monetary compensation you are seeking in your lawsuit) would be the property damage (cost of repairs) to your vehicle.  Depending on the cost of repairs to your vehicle, you may be able to file the lawsuit in small claims court.  Upon prevailing in the case, you will also be able to recover court costs such as the court filing fee and process server fee in addition to the cost of repairs to your vehicle.
If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.
Since you did not mention it, I assume that the driver of your vehicle was not injured.


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