QUESTION
What should I do if an Auto Accident happened in my car but I was not the driver?
Asked on Jan 22nd, 2013 on Personal Injury - California
More details to this question:
My girlfriend was in an accident recently involving my car. While it was ruled a no fault, we have reason to believe the other party was at fault. Looking at the marks from impact, you can see the other driver's story does not add up, and when we took it to my dealership. The auto body experts thought the same. Currently, his insurance company is calling my girlfriend. While she is a licensed, she does not have car insurance, but I do have my own insurance on my car. What is the best mode of action for me? Should I report this to my insurance company? She has agreed to pay out of pocket for my damages, as they were minor (about $900 per the estimate) but what if the other driver is seeking payment?
13 ANSWERS
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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If your auto was involved in an accident and the driver had permission to use the car, to protect yourself, turn the claim in to your insurance company so that they deal with the claim. That is why you bought insurance in the first place.
Answered on Jan 29th, 2013 at 8:31 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Do you have any idea why people purchase insurance? To cover situations like yours. Tell your carrier everything that happened and let them deal with it. find yourself something better to do with your time if you have questions about who is at fault, chances are both were.
Answered on Jan 29th, 2013 at 8:30 PM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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Yes, you should report the accident to your insurance company. Your insurance should cover it, provided your girlfriend had permission to drive the car.
Answered on Jan 28th, 2013 at 11:04 AM
Ronald A. Steinberg
Report it to your insurance company, and if she had auto coverage, to that company.
Answered on Jan 28th, 2013 at 11:03 AM
You should definitely tell your insurance agent about the accident. Otherwise, you could lose all coverage rights. You can both defend against the other driver and sue the other driver for damages at the same time.
Answered on Jan 25th, 2013 at 7:02 PM
Christian Joseph Menard
In California, an owner of a vehicle driven by another person is potentially liable for the damages. The owners liability, however, is limited to $15,000.00. The fact your friend had no insurance is not important. What is important is that your car was insured. Your carrier should be put on notice of the accident and let your carrier deal with the property damage issues...that is why you pay for insurance. You also need to file an SR-10 form with the DMV advising it of the accident.
Answered on Jan 25th, 2013 at 6:59 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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If your car is insured, your girlfriend should be covered if she was driving with your permission and wasn't a member of your household at the time of the collision. Notify your insurance carrier that you've received a demand but that you think the collision was the other party's fault. And write a letter to the other party's insurance carrier demanding payment for the damage to your car. Good luck.
Answered on Jan 25th, 2013 at 6:57 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is very difficult to do you any additional information without additional fax.
Answered on Jan 25th, 2013 at 6:53 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It depends on how much the other driver is seeking. Some people prefer to pay the damage out of their pocket and leave insurance out of it, other prefer to let their insurance handle it. If she had your permission to drive the care, she should be covered by your insurance. They can decide whether or not to deny the claim.
Answered on Jan 25th, 2013 at 6:52 PM
Your girlfriend would probably fall under permissive use. You should immediately report to your insurance company, and have your girlfriend pay any deductibles owed per your policy. If the other driver is seeking payment, your insurance company will advise on how to handle.
Answered on Jan 25th, 2013 at 6:47 PM
James Eugene Hasser
She can tell them it was their driver's fault and she's not responsible and that they need to quit bothering her. You should probably go ahead and report the accident to your insurance company to give them a heads up. Your policy has certain time limits to report and the company can get out of coverage if you don't timely report it. If she gets sued, your girlfriend will be covered to the extent of your insurance if it is determined that she was at fault (and the other driver wasn't) and she was not excluded from coverage.
Answered on Jan 25th, 2013 at 6:33 PM
Complex Litigation Attorney serving Weston, FL
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Schulman Law Group
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Report it to your insurer.
Answered on Jan 25th, 2013 at 6:21 PM
Who ruled it a no fault accident? Sometimes the police department will not know who is at fault but they will not label it a no fault. Since she had permission to drive the car your insurance will cover her and you should report it to your company to handle if you feel she is less than 51% at fault.
Answered on Jan 25th, 2013 at 6:20 PM