Does my uninsured motorist cover me and what about the negligence of vehicle owner for loaning the vehicle?

Question

The person driving a friend's car rear ended me and is not covered under car owner's policy.

Jarrett Ambeau · Answer

Your UM should cover you and there are ways to proceed against both the driver and the owner of the car. These suits are very fact specific and require an extensive interview and time considering the issues.

Hamed Yazdanpanah · Answer

Yes but you should immediately consult with an attorney.  For years, personal injury attorneys have been blaming bad faith tactics by the insurance carriers.  Recently CNN?s Anderson Cooper conducted an undercover investigation into these tactics.

Loren Lambert · Answer

These appear to be a common question.  First, yes uninsured and underinsured coverage applies to you the person who purchased the policy. So if your damages exceed the responsible party coverage under your insurance kicks in. If the responsible party had no insurance, then your uninsured coverage kicks in.  Second, there is this misconception that just because you or somebody else loans their automobile that they are responsible for the person who is driving the vehicle. This is not the law. You are only liable if you know or should know that loaning your automobile to another person creates a foreseeable risk of harm to others beyond what is normally a risk when somebody gets behind the wheel car. For instance if an individual came to me who was falling-down-drunk, was seven years old, or was missing arms (don't mean to be offensive just using an obvious example) and I loaned that individual my automobile it could be argued that such a person presented a foreseeable risk above the usual risks in driving an automobile and I could be liable.

Georges Shers · Answer

Are you sure their is no coverage? The owner of the vehicle, in California, has up to $15,000 in liability as owner of the vehicle, unless the car was stolen. So there is insurance coverage if he has any; if not, you could collect under your own uninsured coverage.

Arman Moheban · Answer

Yes your uninsured motorist coverage should cover your loss.

Ronald A. Steinberg · Answer

You can sue the owner and the driver.

James Eugene Hasser · Answer

Yes, your UM should cover it. The owner would only be liable if the driver was known to him or her to be an incompetent driver and they let him or her drive anyway. There should be coverage for the driver, though, as long as the driver was driving with permission.

Gregory Janks · Answer

In Michigan the owner of a vehicle is liable for the negligent use  of that vehicle by a permissive user. Thus the fact that the user is not  a named insured, unless an excluded driver, is not a defense available  to the insurer to deny coverage. If indeed there is no valid coverage,  then your UM coverage should apply.

Glen Shearer · Answer

If the driver has no coverage your UM policy applies. You will have to make the claim against it. If the owner was negligent if giving the car to an incompetent driver then the owner may have some exposure. However, depending on your coverage and the extent of your injuries you may want to just settle with your UM carrier and let them worry about any recovery against someone else.

Wayne Wimer · Answer

If you have UIM coverage, submit the claim to your insurance company since it stands in the shoes of the uninsured person.  Let them worry about trying to collect from the uninsured person, since that is why you bought insurance in the first place.

Paul Whitfield · Answer

If there is in fact no coverage on the liability policy your uninsured should kick in. If you have a serious injury you need a lawyer. If you have a petty injury and just like to play with things do the best you can

Briny Woods · Answer

Uninsured Motorist coverage through your own auto insurance policy will cover you if there is no coverage for this accident by the insurance company for the responsible owner or driver. In order to establish a negligent entrustment case, to trigger insurance coverage, is likely a lost cause, unless the owner of the car knew there was an increased and good likelihood that loaning their car to this person could lead to an accident. I'd recommend a UM claim under these circumstances, assuming you sustained injuries.

Marc Lazarus · Answer

If you are struck by an uninsured motor vehicle due the negligent operation of the uninsured vehicle by the driver, then your uninsured motorist coverage will provide you with benefits under the terms of your policy.

Robert Lucky · Answer

Just because the person is not on the owner's policy does not necessarily mean that they are not covered. Most policies cover a permissive driver  i.e., someone who the owner gave permission to use the vehicle. The exception is if the driver is an excluded driver under the policy. If it is determined that the owner's policy does not cover the driver and that the driver did not have his own liability policy, then your UM coverage may apply.

David Stoddard · Answer

Normally, in South Carolina, when you loan someone a vehicle, you liability insurance covers it.  What about the owner's negligence? In what way was the owner negligent?  Unless the person was drunk, or less than 15 years of age, or there was some other reason to believe the person was incompetent to drive, I can see no basis for alleging  negligent entrustment of the vehicle.  If there is no insurance coverage, your uninsured coverage will cover personal injuries, but probably not property damage.  Your collision coverage, if you have it, will cover property damage.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

Does my uninsured motorist cover me and what about the negligence of vehicle owner for loaning the vehicle?

15 ANSWERS

Find Local Personal Injury Lawyers

Helpful Resources

Ask a Lawyer